Is Camp Margaritaville's use of CRS Services subject to any other agreement?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
set forth in this Section 10 and in these CRS Terms of Use, and that Margaritaville has extended the same to Customer pursuant to this Section 10 on a passthrough basis. Notwithstanding the foregoing, Customer is not a third-party beneficiary of any commitment by or agreement with CRS Supplier, and only Margaritaville maintains privity with CRS Supplier for any matter set forth in these CRS Terms of Use. In no event shall Margaritaville be held liable to the extent a commitment or obligation of CRS Supplier has not been fulfilled through no fault of Margaritaville. Margaritaville will reasonably assist Customer with respect to any issues, questions or conflicts with the CRS Supplier arising under these CRS Terms of Use and the CRS Supplier Agreement, including, but not limited to, enforcing the CRS Supplier's obligations with respect to a data security breach affecting Customer.
- E. Customer's use of the CRS Services shall at all times be subject to the terms of the Branding Agreement. Notwithstanding the foregoing, when receiving or accessing Guest Information and Reservation Data, Customer agrees to: (i) collect, receive, transmit, store, dispose, use and disclose such Guest Information and Reservation Data in accordance with the terms of the Branding Agreement and all privacy and data protection laws, as well as all other applicable regulations, (ii) keep and maintain such Guest Information and Reservation Data in strict confidence, using such degree of care as is appropriate to avoid unauthorized access, use or disclosure and (iii) use and disclose such Guest Information and Reservation Data solely and exclusively for the purposes for which the Guest Information and Reservation Data, or access to it, is provided. Customer shall be responsible for, and remain liable to, Margaritaville for the actions and omissions of all employees, contractors or other representatives who are engaged by Customer concerning the treatment of Guest Information and Reservation Data as if they were Customer's s own actions and omissions.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, the franchisee's use of Camp Margaritaville's Central Reservations System (CRS) Services is subject to the terms of the Branding Agreement. The CRS Services are part of the CR System and may include proprietary services of a CRS Supplier.
The franchisee must handle Guest Information and Reservation Data according to the Branding Agreement, privacy laws, and other regulations. They are responsible for ensuring their employees and contractors also adhere to these standards. The CRS Terms of Use are coterminous with the Branding Agreement, meaning that if the Branding Agreement terminates, so do the CRS Terms of Use.
Furthermore, the CRS Terms of Use are also governed by the terms of the Technology Agreement to which they are attached. This means that franchisees must comply with both the Branding Agreement and the Technology Agreement in their use of the CRS Services. The franchisee should carefully review both agreements to understand their obligations and rights regarding the CRS Services.