Under what circumstances is Camp Margaritaville not liable to the company or any third party?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
Neither Margaritaville nor the Services Provider warrants or support the Third Party Services.
If the Third Party Services fail to perform or otherwise cause damage to the Customer or to other parties, Margaritaville and the Services Provider shall not be liable for any loss or damage suffered by the Customer or other parties, Margaritaville and Services Provider are not responsible for any disclosure, modification, loss or deletion of Customer's data resulting from the Third Party Services.
Margaritaville and the Services Provider are not liable for any loss, damages or other costs incurred as a result of the modification of the Services or the Platform.
Margaritaville and the Services Provider are not liable for any loss, damages or other costs incurred as a result of the temporary unavailability of the Services.
Margaritaville and the Services Provider may assume that a Customer logging onto the Platform using its login details actually is the Customer.
FRANCHISOR AND ITS AFFILIATES EXPRESSLY EXCLUDE AND DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ALL PRODUCTS THAT FRANCHISOR OR ITS AFFILIATES OFFER, SELL, OR REQUIRE FOR THE RESORT ("SOURCED PRODUCTS"). FRANCHISEE'S EXCLUSIVE REMEDY AND FRANCHISOR AND ITS AFFILIATES' EXCLUSIVE LIABILITY FOR ALL CLAIMS RELATED TO SOURCED PRODUCTS IS LIMITED TO FRANCHISEE'S REMEDIES AGAINST THE GIVEN THIRD-PARTY SUPPLIER OR MANUFACTURER FOR ANY OF THE SOURCED PRODUCTS THAT THEY PROVIDE. THIS DISCLAIMER OF WARRANTIES DOES NOT AFFECT ANY CLAIMS FRANCHISEE MAY HAVE AGAINST THIRD PARTY MANUFACTURERS OR SUPPLIERS OF ANY SOURCED PRODUCTS
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, there are several circumstances under which Camp Margaritaville and its service providers will not be held liable for losses or damages. One such instance involves failures or damages caused by Third Party Services. Camp Margaritaville does not warrant or support these third-party services, and is therefore not liable for any resulting losses, damages, or data issues. This indicates that franchisees will be using some third-party services for their Camp Margaritaville location, and should carefully consider the risks associated with those services.
Camp Margaritaville is also not liable for modifications to services or the platform, nor for temporary unavailability of services due to maintenance, modification, or improvements, provided that the deactivated time does not exceed 24 hours per occurrence. This means that franchisees may experience interruptions in service, but Camp Margaritaville is not responsible for any resulting losses. Franchisees bear full responsibility for all activities undertaken on the platform after access has been gained through their login details, and Camp Margaritaville is not liable, assuming that the customer logging onto the Platform using its login details actually is the Customer.
Furthermore, Camp Margaritaville and its affiliates disclaim all implied warranties of merchantability and fitness for a particular purpose with respect to sourced products, limiting liability to the franchisee's remedies against the third-party supplier or manufacturer. This means that Camp Margaritaville franchisees are responsible for pursuing claims against the actual manufacturer or supplier of the products, not Camp Margaritaville itself. These limitations of liability are important for prospective franchisees to understand, as they outline the areas where Camp Margaritaville will not be held responsible for potential issues or losses.