In the Epcon Communities agreement, what happens in the event of a conflict between the Franchise Agreement and the Addendum?

According to the 2025 Epcon Communities Franchise Disclosure Document, in the event of a conflict between the terms of the Franchise Agreement and the terms of the Addendum, the terms of the Addendum will take precedence. This is a standard clause in franchise agreements where addenda are used to modify the original agreement.

This clause ensures that any specific changes or modifications outlined in the Addendum are upheld over the original terms of the Franchise Agreement. This is important because addenda are often used to address state-specific laws or to make negotiated changes to the standard franchise agreement. For a franchisee, this means that the Addendum is the controlling document in case of any discrepancies, providing clarity on which terms apply.

For example, the excerpts provided include addenda for Virginia, Maryland, and Illinois. These addenda address specific state laws regarding franchise rights, termination, and dispute resolution. Without the clause stating the Addendum controls in case of conflict, there could be confusion or legal challenges regarding which terms are enforceable. Therefore, prospective Epcon Communities franchisees should carefully review any addenda to their franchise agreement to understand how they modify the original contract and ensure compliance with local laws.