Can the Epcon Communities agreement be modified or amended without a written agreement signed by both parties?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Modification of the Web Site, Databases or Agreement. Epcon Communities may elect to update, modify, change or terminate all or any part of the functionality available through the Databases or Web Site, including modification or termination of any services provided, including the Epcon Communities Intranet itself. In addition, Epcon Communities may modify this Agreement from time to time by amendments or modifications provided to you through on-line notice on the Web Site, by email to the email address you have provided to us, or by regular mail or facsimile transmission. You agree that access to the Databases or Web Site after you have, or should have received, notice of modifications or amendments to this Agreement will constitute acceptance of all such modifications or amendments.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, the franchise agreement can be modified under specific conditions. Generally, modifications or amendments require a written agreement signed by both Epcon Communities and the franchisee. However, Epcon Communities retains the right to modify the agreement through online notices on the Web Site, email, regular mail, or fax. Accessing the Databases or Web Site after receiving notice of these changes constitutes acceptance of the modifications.
This means that while significant changes to the core franchise agreement typically require a formal written amendment, Epcon Communities can unilaterally implement certain modifications, particularly those related to the Web Site, databases, or services provided through the Intranet. Franchisees are responsible for staying informed about these changes through the provided communication channels.
For prospective franchisees, it is crucial to understand the scope of changes Epcon Communities can make without a signed agreement. Franchisees should regularly monitor the Web Site, email, and mail for any notices of modifications. It is also advisable to seek clarification from Epcon Communities regarding the types of changes that require a written agreement versus those that can be implemented unilaterally to fully understand their rights and obligations.