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In the context of the Epcon Communities amendment agreement, what document's definitions should be referenced for capitalized terms not defined in the amendment?

Epcon_Communities Franchise · 2025 FDD

Answer from 2025 FDD Document

All capitalized terms herein which are not separately defined herein shall have the meanings ascribed to these terms in the Franchise Agreement.

Source: Item 23 — RECEIPTS (FDD pages 86–280)

What This Means (2025 FDD)

According to the 2025 Epcon Communities FDD, any capitalized terms within an addendum to the franchise agreement, such as the addenda for Maryland, Virginia, and Illinois, that are not explicitly defined within the addendum itself, will have the meanings ascribed to them in the original Franchise Agreement. This ensures consistency and clarity in interpreting the legal documents governing the franchise relationship.

This clause is standard in franchise agreements and amendments to avoid ambiguity. Franchisees should familiarize themselves with the definitions in the original Franchise Agreement to fully understand their rights and obligations under any addenda. This is particularly important because the addendum modifies the original agreement, and understanding the interplay between the two documents is crucial.

For example, the addendum for Virginia modifies Article 21 of the Franchise Agreement, concerning Franchisee Statements. To fully understand the implications of this modification, a franchisee must refer back to the original Franchise Agreement to understand the initial terms of Article 21. Similarly, the addendum for Illinois modifies the Market Hold Agreement, and undefined capitalized terms in the addendum are defined in the Market Hold Agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.