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FranchiseVerdict

FDD Items 3 & 4 · 2025 filing

Margaritaville Hotels & Resorts litigation history

What Margaritaville Hotels & Resorts disclosed about lawsuits, arbitrations and bankruptcy in the 2025 Franchise Disclosure Document. Item 3 lists the material legal actions a franchisor must report; Item 4 covers bankruptcy. This is the franchisor's own disclosure, not a court record, and not legal advice.

Items 3 & 4 at a glance

What the filing discloses

Cases disclosed
3
Item 3, as counted in the filing
Largest disclosed settlement
$8K
As stated in Item 3
Bankruptcy (Item 4)
None
Franchisor, parent, predecessor or officer
Filing year
2025
Disclosures cover the prior ten years

Extracted from the 2025 Franchise Disclosure Document

Item 3: litigation

1) Boss Investments Ltd. v. Margaritaville of Bahamas et al. - trademark sub-license dispute, settled 2020 with dismissal with prejudice and royalty sharing agreement. 2) Shultz et al. v. Margaritaville Enterprises et al. - cottage owner fraud/tort claims, settled 2023 with mutual walk-away. 3) California Commissioner of Financial Protection v. Margaritaville Hotels & Resorts, LLC - failure to file exemption notices for 3 CA franchise sales, resolved by 2020 consent order with $7,500 penalty.

Disclosure signals that moved the score

How this shows up in the verdict

  • Multiple litigation events including trademark disputes, conspiracy lawsuits, and regulatory violations indicate operational and legal instability
  • Going Concern status is False, creating questions about franchisor financial viability and long-term support

The verdict grade is FranchiseVerdict's editorial assessment across SBA loan performance, unit growth, revenue and disclosure signals. It is not investment advice.

Before you weigh a lawsuit

How to read Item 3

A franchisor must disclose pending actions and any material civil action involving the franchise relationship, plus convictions or civil judgments for fraud, unfair or deceptive practices, or franchise-law violations, going back ten years. A case the franchisor brought against a franchisee counts too. Item 3 does not include every dispute: settled claims below the materiality line and matters resolved in private arbitration can be absent.

Questions worth asking current and former franchisees, using the contact list in Item 20:

  • Were you, or anyone you know in the system, party to a dispute with the franchisor?
  • Was it resolved by settlement, arbitration or a court, and on what terms?
  • Has the number of disputes gone up or down since you signed?