Does Epcon Communities charge an additional cost for providing modifications and improvements to the Development System?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.3 Throughout the term hereof, Franchisor agrees to provide to Franchisee, upon Franchisee's request, modifications or improvements made by Franchisor to the prototypical plans and specifications. Modifications and improvements to other areas of the Development System shall be provided to Franchisee at Franchisor's sole and absolute discretion. All such modifications and improvements to be provided to Franchisee shall be provided by Franchisor at no additional cost to Franchisee and shall be distributed not more often than once annually. Modifications and improvements so provided to Franchisee shall be for the standard Development System and will not be subject to further modification by Franchisee for any changes made by Franchisee pursuant to Section 8.2 above. Notwithstanding any provision hereof to the contrary, Franchisor reserves the right, within its sole discretion, to discontinue providing updated information to Franchisee respecting modifications and improvements to the Development System if Franchisee has substantially completed construction of all Projects hereunder and is not actively pursuing development of another Project.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, modifications and improvements to the Development System are provided to franchisees at no additional cost. Specifically, Epcon Communities agrees to provide, upon a franchisee's request, modifications or improvements made to the prototypical plans and specifications. However, modifications and improvements to other areas of the Development System are provided at Epcon Communities' sole discretion.
Epcon Communities will distribute these modifications and improvements no more than once annually. These modifications and improvements are for the standard Development System and are not subject to further modification by the franchisee for any changes they make. Epcon Communities retains the right to discontinue providing updated information if the franchisee has substantially completed construction of all projects and is not actively pursuing the development of another project.
This arrangement benefits franchisees by ensuring they receive updates to the system without incurring extra fees, which is a common practice in franchising to maintain brand consistency and competitiveness. However, franchisees should be aware that the frequency and extent of these modifications are controlled by Epcon Communities, and they cannot demand custom changes beyond the standard updates. Additionally, the discontinuation clause could impact franchisees who complete their projects and then later decide to develop another project, as they may not receive the latest updates at that time.