In the Epcon Communities agreement, what happens to terms defined in the Franchise Agreement but not in the Addendum?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
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- All capitalized terms herein which are not separately defined herein shall have the meanings ascribed to these terms in the Franchise Agreement.
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- In the event of a conflict between the terms of the Franchise Agreement and the terms of this Addendum, the terms of this Addendum shall control.
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- Except as specifically modified by this Addendum, all terms of the Franchise Agreement are in full force and effect.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 Epcon Communities Franchise Disclosure Document, terms that are defined in the Franchise Agreement but not specifically defined in the Addendum retain the meaning assigned to them in the original Franchise Agreement. This is detailed in several addenda included in the document, such as those for Virginia, Maryland, and Illinois. This ensures consistency between the two documents.
Specifically, each addendum states that all capitalized terms not separately defined within the addendum itself will carry the same meanings as defined in the Franchise Agreement. This avoids the need to redefine standard terms and keeps the addendum concise.
For a prospective Epcon Communities franchisee, this means that they should thoroughly understand the definitions in the Franchise Agreement, as these definitions will apply unless explicitly changed by the Addendum. If there is a conflict between the Franchise Agreement and the Addendum, the Addendum's terms will take precedence. It is also important to note that unless specifically modified by the Addendum, all other terms of the Franchise Agreement remain in full force and effect.