What is the Architect warranting to Epcon Communities regarding infringement of copyrights, trademarks, or other rights in the Copyright Assignment & Agreement?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
Architect represents and warrants to Epcon that:
(a) Architect has identified all persons and entities who have worked on the Work, each Work is or will be the original work of Architect and/or its agents who have executed valid assignments of rights to Architect, subject to the rights of Epcon in the Epcon Works.
(b) Each Work does not and will not infringe upon or violate the copyrights, trademarks, or any other rights whatsoever of any person or entity.
(c) No adverse claim exists with respect to each Work and Architect has not assigned any Work to another person or entity.
(d) Each Work has not heretofore previously been published or exploited in any form anywhere in the world.
(e) Architect has the full and exclusive right and authority to enter into this agreement.
(f) Architect has obtained releases and assignments, if needed, from all required parties in each work.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 FDD, in the Copyright Assignment & Agreement, the Architect provides several warranties to Epcon Communities. Specifically, the Architect warrants that each work created does not and will not infringe upon or violate any copyrights, trademarks, or any other rights of any person or entity. This is a crucial assurance for Epcon Communities, ensuring that the architectural designs and works they use are legally sound and free from any third-party claims.
Additionally, the Architect warrants that no adverse claim exists with respect to each work, and that the Architect has not assigned any work to another person or entity. This guarantees that Epcon Communities is receiving exclusive rights to the work and that there are no conflicting claims of ownership. The Architect also confirms that each work has not been previously published or exploited in any form anywhere in the world, further solidifying Epcon Communities' exclusive rights.
Furthermore, the Architect warrants that they possess the full and exclusive right and authority to enter into the agreement and that they have obtained all necessary releases and assignments from all required parties involved in each work. These warranties collectively protect Epcon Communities from potential legal issues related to copyright or trademark infringement, ensuring they can confidently use the architectural works in their projects without fear of legal repercussions. This is a standard practice in franchise agreements to protect the brand and its intellectual property.