Does the Epcon Communities agreement specify if a default can be waived by the Franchisor?

The 2025 Epcon Communities Franchise Disclosure Document addresses the topic of waivers specifically within the context of Minnesota state law. According to the FDD, Minnesota Rules prohibit a franchisor from requiring a franchisee to agree to a release, general assignment, or waiver that would relieve any person from liability imposed by Minnesota Statutes, Sections 80C.01 to 80C.22. However, the rule does not prevent the voluntary settlement of disputes.

For a prospective Epcon Communities franchisee in Minnesota, this means that while they cannot be forced to sign a waiver releasing Epcon Communities from liabilities under specific Minnesota statutes, they can voluntarily settle disputes. This provision aims to protect franchisees' rights under Minnesota law while still allowing for negotiated resolutions.

This section of the FDD specifically addresses waivers within the context of Minnesota law. The document does not provide general information about whether Epcon Communities can waive a default in other circumstances or for franchisees outside of Minnesota. A prospective franchisee should seek clarification from Epcon Communities regarding their policies on waiving defaults in other situations.