Does the Copyright & Assignment Agreement contain any non-competition covenants that apply to Epcon Communities franchisees after the franchise is terminated or expires?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Article or Section in Copyright & Assignment Agreement | Summary |
|---|---|---|
| g. “Cause” defined -- curable | Not Applicable | Not Applicable. |
| h. “Cause” defined -- non- | Not Applicable | Not Applicable. |
| curable | ||
| i. Franchisee’s obligations on | Not Applicable | Not Applicable. |
| termination/non-renewal | ||
| j. Assignment of contract by | Not Applicable | Not Applicable. |
| franchisor | ||
| k. “Transfer” by franchisee -- | Not Applicable | Not Applicable. |
| defined | ||
| l. Franchisor approval of a | Not Applicable | Not Applicable. |
| transfer by franchisee | ||
| m. Conditions for franchisor’s | Not Applicable | Not Applicable. |
| approval of a transfer | ||
| n. Franchisor’s right of first | Not Applicable | Not Applicable. |
| refusal to acquire | ||
| franchisee’s business | ||
| o. Franchisor’s option to | Not Applicable | Not Applicable. |
| purchase franchisee’s | ||
| business | ||
| p. Death or disability of | Not Applicable | Not Applicable. |
| franchisee | ||
| q. Non-competition covenants | Not Applicable | Not Applicable. |
| during the term of the | ||
| franchise | ||
| r. Non-competition covenants | Not Applicable | Not Applicable. |
| after the franchise is | ||
| terminated or expires | ||
| s. Modification of the | Not Applicable | Not Applicable. |
| Agreement | ||
| t. Integration/merger clause | Not Applicable | Not Applicable. |
| u. Dispute resolution by | Not Applicable | Not Applicable. |
| arbitration or mediation | ||
| v. Choice of forum | Not Applicable | Not Applicable. |
| w. Choice of law | Not Applicable | Not Applicable. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 55–69)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, the Copyright & Assignment Agreement does not contain non-competition covenants that apply to franchisees after the franchise is terminated or expires.
Specifically, the table in Item 17 outlines various provisions related to the franchise and related agreements. For the Copyright & Assignment Agreement, the provision concerning "Non-competition covenants after the franchise is terminated or expires" is marked as "Not Applicable" in the summary column. This indicates that the Copyright & Assignment Agreement does not impose any restrictions on franchisees regarding competition after the franchise relationship ends.
It is important to note that while the Copyright & Assignment Agreement does not contain post-term non-compete clauses, other agreements, such as the Franchise Agreement or Sublicense Agreement, might have such provisions. Prospective franchisees should carefully review all agreements to understand the full scope of any non-competition obligations. This information is summarized in a table, but the FDD advises franchisees to read the full agreements attached to the disclosure document.