Besides the Franchise Agreement, what is required to modify or amend 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.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 Epcon Communities Franchise Disclosure Document, the Franchise Agreement, along with any addenda, constitutes the entire agreement between the parties. To modify or amend the Franchise Agreement, both parties must sign a written agreement. This ensures that any changes are formally documented and agreed upon by both Epcon Communities and the franchisee, providing clarity and legal certainty.
Notably, Epcon Communities retains the right to update, modify, change, or terminate functionalities available through their databases or website, including the Epcon Communities Intranet. These modifications can be communicated through online notices on the website, email, regular mail, or fax. A franchisee's continued access to the databases or website after receiving notice of these changes constitutes acceptance of the modifications. This unilateral modification right applies specifically to the digital resources provided by Epcon Communities, not the core Franchise Agreement itself, which still requires a written agreement signed by both parties for amendments.
Several addenda included in the FDD modify specific terms of the Franchise Agreement for franchisees in Virginia, Maryland, and Minnesota. These addenda address issues such as franchisee statements, transfer conditions, termination clauses, trademark protection, and notice requirements, demonstrating that the specific terms and conditions can vary based on state laws and regulations. These addenda highlight the importance of franchisees understanding the specific legal requirements and protections in their state.
In summary, while Epcon Communities can unilaterally modify its web site and databases with notice, the Franchise Agreement itself can only be modified through a written agreement signed by both Epcon Communities and the franchisee. Franchisees should pay close attention to any addenda specific to their state and understand how these modifications affect their rights and obligations under the Franchise Agreement.