Under what circumstances is a Camp Margaritaville franchisee allowed to disclose Confidential Information without breaching the franchise agreement?

According to the 2025 Camp Margaritaville Franchise Disclosure Document, a franchisee is permitted to disclose Confidential Information if written authorization is received from the disclosing party. Otherwise, the receiving party is prohibited from disclosing Confidential Information or using it in any manner not expressly authorized by the CRM Terms of Use. The receiving party shall not disclose the disclosing party's Confidential Information or allow it to be disclosed to any third parties, destroy any disclosing party Confidential Information or cause it to be inaccessible to the disclosing party (other than in accordance with its standard document retention policy); or use the disclosing party's Confidential Information or allow it to be used for purposes other than in furtherance of these CRM Terms of Use.

Confidential Information includes data transmitted between Margaritaville and the customer under the CRM Terms of Use, identified as proprietary or confidential. Examples of confidential information include the CRM Terms of Use, technology, ideas, formulas, know-how, documentation, procedures, algorithms, trade secrets embodied in the CRM Services and/or Connection Platform, technical documentation, solution methodology, end user manuals, Documentation and Deliverables, Customer Data, end user ID's and passwords; and/or any other information, in any form identified in writing as confidential. If a customer obtains information relating to Margaritaville or CRM from third parties to whom it is directed by Margaritaville, then Customer shall treat such information as Margaritaville's Confidential Information under these CRM Terms of Use. Customer Data is also considered part of the Customer's Confidential Information.

This means that Camp Margaritaville franchisees must maintain the confidentiality of sensitive information related to the franchise, its operations, and its customers. Unauthorized disclosure or use of this information could lead to a breach of the franchise agreement and potential legal consequences. Franchisees should be aware of what constitutes Confidential Information and the specific terms outlined in the CRM Terms of Use to ensure compliance.

It is important to note that the definition of "Confidential Information" does not include information that is or becomes generally known to the public, was already in the receiving party's possession, was rightfully disclosed to the receiving party without restriction, or was independently developed by a party without the use of the other party's Confidential Information. This provides some exceptions to the confidentiality obligations, but franchisees should still exercise caution and seek clarification from Camp Margaritaville if they are unsure whether certain information is considered confidential.