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Under what circumstances is Section 19.13 of the Camp Margaritaville Franchise Agreement inapplicable?

Camp_Margaritaville Franchise · 2025 FDD

Answer from 2025 FDD Document

Notwithstanding the foregoing, in the event that Franchisor did use the services of franchise brokers to assist it in selling the franchise for the Resort to Franchisee, this section 19.13 shall be inapplicable.

Source: Item 23 — RECEIPTS (FDD pages 72–406)

What This Means (2025 FDD)

According to the 2025 Camp Margaritaville Franchise Disclosure Document, Section 19.13 of the Franchise Agreement becomes inapplicable if Camp Margaritaville uses franchise brokers to facilitate the sale of the franchise to the franchisee. This means that if a broker is involved in the franchise sale, the provisions outlined in Section 19.13 will not apply to the agreement between Camp Margaritaville and the franchisee.

This condition is important for prospective franchisees to understand, as it clarifies the circumstances under which specific clauses within the franchise agreement are either active or inactive. Franchisees should confirm whether a broker was used during the franchise sales process to understand if Section 19.13 applies to their agreement.

It is also important to note that the document states that no statement, questionnaire, or acknowledgement signed by the franchisee can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives. This provision supersedes any other conflicting terms in any document related to the franchise agreement, ensuring that franchisees retain their legal rights and protections under state franchise laws.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.