factual

Who determines an Epcon Communities franchisee's compliance with the conditions of use published by the franchisor in connection with Higharc Services?

Epcon_Communities Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee shall at all times comply with any and all terms and conditions of Higharc related to the use of the Higharc Services. Franchisee's compliance with such terms and conditions shall be determined by Franchisor and/or Higharc in their sole discretion. In addition, as one of the conditions of its right to use the Higharc Services, Franchisee agrees to accept and abide by any conditions of use published or provided by Franchisor from time to time in connection with the Higharc Services. Franchisee's compliance with such terms and conditions shall be determined by Franchisor in its sole discretion.

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

What This Means (2025 FDD)

According to Epcon Communities' 2025 Franchise Disclosure Document, compliance with the terms and conditions of Higharc Services, including the conditions of use published by Epcon Communities, is determined by Epcon Communities in its sole discretion. This means that Epcon Communities has the authority to assess whether a franchisee is adhering to the rules and guidelines set forth for using the Higharc Services platform.

This determination is significant for prospective franchisees because it highlights the importance of understanding and adhering to the conditions of use established by Epcon Communities for the Higharc Services. Failure to comply with these conditions, as determined by Epcon Communities, could lead to consequences such as suspension, limitation, or revocation of the franchisee's right to use the Higharc Services.

It's also important to note that even if a franchisee's access to Higharc Services is suspended, limited, or revoked due to non-compliance, the obligation to pay the Technology Royalty continues until all amounts owed to Epcon Communities are paid in full. This underscores the financial commitment franchisees make and the potential financial implications of failing to meet the required standards for using the Higharc Services. Therefore, prospective franchisees should carefully review and understand all conditions of use related to Higharc Services to ensure compliance and avoid potential penalties or disruptions to their business operations.

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.