Besides the Franchise Agreement, what is required for any modification or amendment to the agreement between Epcon Communities and the franchisee?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
- This Addendum, together with the Franchise Agreement to which it is attached, constitutes the entire agreement of the parties with respect to the subject matter hereof and may not be further modified or amended except in a written agreement signed by both parties.
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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 the 2025 Epcon Communities Franchise Disclosure Document, modifications or amendments to the Franchise Agreement must be formalized in a written agreement signed by both Epcon Communities and the franchisee. This requirement ensures that any changes to the original agreement are documented and agreed upon by both parties, providing clarity and legal certainty. This clause is standard in franchise agreements to prevent misunderstandings or disputes over verbal agreements or informal communications.
This provision protects both Epcon Communities and the franchisee by requiring a formal written agreement for any changes. It prevents either party from unilaterally altering the terms of the franchise relationship. The franchisee should carefully review any proposed modifications or amendments and seek legal counsel if needed to fully understand the implications before signing.
However, the FDD also states that Epcon Communities may modify the agreement from time to time by amendments or modifications provided through online notice on the Website, by email, or by regular mail or facsimile transmission. Access to the Databases or Website after the franchisee has, or should have, received notice of modifications or amendments to the agreement will constitute acceptance of all such modifications or amendments. This appears to contradict the statement that modifications or amendments must be formalized in a written agreement signed by both parties. A prospective franchisee should seek clarification on this point from Epcon Communities.