Under what conditions can Camp Margaritaville expect downtime for the Platform?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
Margaritaville, through its Services Provider, shall use commercially reasonable efforts to ensure Platform availability twenty-four hours a day, three hundred sixty-five days a year excluding downtime for maintenance, telecom provider failures and force majeure events.
Customer acknowledges that the foregoing performance obligations are provided by Margaritaville to Customer on a pass-through basis based upon terms and conditions provided to Margaritaville by its underlying day pass software services supplier (the "Services Provider"), and that Customer's rights with respect thereto shall be limited to the rights, benefits and privileges accorded to Margaritaville by the Services Provider.
- **14.
Availability and Maintenance.** The Services may be temporarily deactivated (not to exceed 24 hours per occurrence) for maintenance, modification or improvement of the Services and the web servers of the Services Provider.
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.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, the Platform, which is the day pass software system, may experience downtime under certain conditions. Camp Margaritaville, through its Services Provider, will use commercially reasonable efforts to ensure the Platform is available 24 hours a day, 365 days a year. However, this excludes downtime for maintenance, telecom provider failures, and force majeure events.
Camp Margaritaville acknowledges that these performance obligations are provided on a pass-through basis from their underlying day pass software services supplier (the Services Provider). Therefore, a franchisee's rights regarding platform availability are limited to the rights, benefits, and privileges that Camp Margaritaville receives from its Services Provider.
Additionally, the Services may be temporarily deactivated for maintenance, modification, or improvement of the Services and the web servers of the Services Provider, but this deactivation will not exceed 24 hours per occurrence. Camp Margaritaville is not liable for any losses, damages, or other costs incurred as a result of the temporary unavailability of the Services.