What warranty does Camp Margaritaville provide regarding the performance of services?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
4. Limited Warranty.
- 4.1 Margaritaville warrants that the Services will be performed in a good and professional manner consistent with generally accepted industry standards and that the deliverables will materially conform to the description in the applicable Statement of Work.
- 4.2 MARGARITAVILLE MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED IN SECTION 4.1, ABOVE. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
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- Limitation of Liability. IN NO EVENT SHALL MARGARITAVILLE BE LIABLE TO COMPANY OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, PROFIT, LOSS OF DATA, LOSS OF GOODWILL OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT MARGARITAVILLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MARGARITAVILLE'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, FROM ALL CAUSES OF ACTION AND THEORIES OF LIABILITY WHATSOEVER EXCEED THE AMOUNT ACTUALLY PAID BY COMPANY TO MARGARITAVILLE UNDER THIS AGREEMENT.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to the 2025 Camp Margaritaville Franchise Disclosure Document, Camp Margaritaville provides a limited warranty regarding the performance of services. Camp Margaritaville warrants that its services will be performed in a competent and professional manner, adhering to generally accepted industry standards. Additionally, Camp Margaritaville guarantees that any deliverables will substantially conform to the descriptions outlined in the applicable Statement of Work.
However, this limited warranty is the only warranty Camp Margaritaville provides. All other warranties, whether express or implied, are expressly disclaimed by Camp Margaritaville. This means that franchisees cannot rely on any other guarantees or assurances regarding the services provided beyond what is specifically stated in the warranty.
The agreement also includes a limitation of liability clause. Camp Margaritaville will not be liable for any loss of use, revenue, profit, data, or goodwill, nor for any consequential, incidental, indirect, exemplary, special, or punitive damages. This limitation applies regardless of whether the damage was foreseeable or whether Camp Margaritaville was advised of the possibility of such damages. In any event, Camp Margaritaville's total liability arising from the agreement is capped at the amount the franchisee actually paid to Camp Margaritaville under the agreement.