Under what conditions can Camp Margaritaville terminate the Marketing Provider Agreement?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
7.1 Agreement. This Agreement shall commence on the Effective Date and shall remain in effect for a period of one year, and shall automatically renew for subsequent periods of one year each, unless Margaritaville gives Company written notice of termination at least (30) days prior to expiration of the then-current term.
7.2 Statement of Work. Each Statement of Work will remain in effect until the Services thereunder are completed or the Statement of Work is terminated earlier as provided therein or herein.
7.3 Termination of Marketing Provider Agreement. In the event that the Marketing Provider Agreement terminates for any reason, Margaritaville shall have the option, in its sole discretion, to terminate this Agreement upon the lesser of: (a) 30 days prior written notice; or (b) the termination period provided under the Marketing Provider Agreement.
7.4 Termination by Company. The Company may terminate this Agreement upon 30 days prior written notice to Margaritaville. Company agrees to honor and pay any commissions owed on eligible business contracted through this platform.
7.5 Termination of Branding Agreement. Termination of this Agreement shall be automatically effective upon termination of the Branding Agreement.
7.6 Breach. In the event a party has failed to perform any obligation required to be performed under this Agreement or a Statement of Work and such failure is not corrected within thirty (30) days from receipt of written notice (the "Cure Period") advising of such failure from the other party, such other party may terminate the Statement of Work(s) to which such failure applies. The parties agree that the Cure Period may be modified as provided in a Statement of Work.
7.7 Nonpayment by Company. Margaritaville may terminate this Agreement before the expiration date of the Term on written notice if Company fails to pay any amount when due hereunder and such failure continues for 30 days after Company's receipt of written notice of nonpayment.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, Margaritaville can terminate the Marketing Provider Agreement under specific circumstances. The Marketing Provider Agreement has an initial term of one year and automatically renews for subsequent one-year periods. However, Margaritaville can prevent this renewal by providing written notice of termination to the Company at least 30 days before the current term expires.
In the event that the Marketing Provider Agreement is terminated for any reason, Camp Margaritaville has the option to terminate the agreement with the Company. This termination can occur with either 30 days' prior written notice or the termination period specified in the Marketing Provider Agreement, whichever is shorter.
The Company (not Camp Margaritaville) also has the right to terminate the agreement by giving Margaritaville 30 days' prior written notice, provided they fulfill any commission obligations for business contracted through the platform. Additionally, the agreement will automatically terminate if the Branding Agreement is terminated. If a party fails to meet its obligations, the other party can terminate the Statement of Work if the failure isn't fixed within 30 days after receiving written notice. Margaritaville can also terminate the agreement if the Company fails to pay any amount due and this non-payment continues for 30 days after written notice.