Under the Camp Margaritaville agreement, what rights to the Technology are transferred to the customer?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
estricted through one or multiple channels.
9. Proprietary Rights. The CRS Services may include proprietary services of the CRS Supplier, which are a part of the CR System and CRS Services. These terms and other terms are registered trademarks and/or trade names owned and used by the CRS Supplier. In the event Margaritaville selects an alternative CRS Supplier, the CR System and CRS Services shall include alternative proprietary services bearing alternative trademarks and trade names. The functions comprised within the CR System are the subject of pending patent applications. The CRS Supplier holds copyright protection for all software programs and content related to the CR System hosted via Margaritaville's or the CRS Supplier's websites. Software documentation and copy, including all web page copy and arrangements, are subject to trademark, copyright and patent protection. Customer acknowledges that it acquires no rights or licenses with regard to the CR System, website content, software and copy except as granted under these CRS Terms of Use. Customer will not allow the CR System to be used by any property or facility other than the Property and Customer will not alter any software code or use the CR System to avoid payment. Customer will not reproduce or decompile the software code, documentation or any other proprietary technology owned or licensed by Margaritaville or the CRS Supplier. Notwithstanding the foregoing, Customer retains all right, title and interest in and to any content that Customer provides to the CR System, excluding the Margaritaville Intellectual Property and Guest Profile Data, as defined in the Branding Agreement.
10. Guest Information and Reservation Data.
- A.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville FDD, franchisees do not acquire broad rights or licenses to the CR System, website content, software, and copy, except as specifically granted in the CRS Terms of Use. The customer, or franchisee, retains rights to the content they provide to the CR System, excluding the Camp Margaritaville Intellectual Property and Guest Profile Data, as defined in the Branding Agreement.
The franchisee is restricted from allowing the CR System to be used by any property other than the franchised property and cannot alter any software code or use the CR System to avoid payment. They are also prohibited from reproducing or decompiling the software code, documentation, or any other proprietary technology owned or licensed by Camp Margaritaville or the CRS Supplier.
Camp Margaritaville, through its CRS Supplier, aims to ensure the CR System is available over the Internet 24/7, excluding downtime for maintenance, GDS and Switch outages, telecom provider failures, and events of Force Majeure, as detailed in the Service Level Agreement. The franchisee's rights regarding the CR System are limited to the rights, benefits, and privileges that Camp Margaritaville receives from its CRS Supplier, provided on a pass-through basis.