Under what circumstances is Camp Margaritaville entitled to injunctive or other equitable relief?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
Section 17.04 Equitable Relief. Notwithstanding anything to the contrary herein, Franchisor is entitled to injunctive or other equitable relief, including restraining orders and preliminary injunctions, in any court of competent jurisdiction for any threatened or actual material breach this Agreements or non-compliance with the Margaritaville Standards. In such event, Franchisee hereby consents to jurisdiction and venue in the state or federal court where Franchisor's headquarters are located at the time of filing (currently, Orlando, Florida) and Franchisee waives all objections to venue, including objections based on forum non conveniens**.** Franchisor is entitled to such relief without the necessity of proving the inadequacy of money damages as a remedy, without the necessity of posting a bond and without waiving any other rights or remedies.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, Camp Margaritaville is entitled to injunctive or other equitable relief under specific circumstances related to breaches of the franchise agreement or non-compliance with brand standards. Specifically, Camp Margaritaville can seek such relief from a court of competent jurisdiction if there is a threatened or actual material breach of the franchise agreements. This also applies to non-compliance with the Margaritaville Standards. Injunctive relief includes restraining orders and preliminary injunctions.
This means that if a franchisee violates the terms of the franchise agreement in a significant way or fails to adhere to the standards set by Camp Margaritaville, the franchisor can take legal action to compel the franchisee to comply. This legal action can include obtaining court orders that require the franchisee to stop certain actions or to take specific actions to correct the breach or non-compliance.
Furthermore, the franchisee consents to the jurisdiction and venue in the state or federal court where Camp Margaritaville's headquarters are located, which is currently Orlando, Florida. The franchisee also waives objections to venue, including those based on the principle of forum non conveniens. Camp Margaritaville is entitled to this relief without needing to prove that monetary damages would be an inadequate remedy, without posting a bond, and without waiving any other rights or remedies available to them.