What is the document referred to as in the Rhode Island addendum to the Epcon Communities Franchise Agreement?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
NOW, THEREFORE, in consideration of the foregoing, of the agreements, terms and conditions herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows, each intending to be legally bound hereby.
-
- All capitalized terms herein which are not separately defined herein shall have the meanings ascribed to these terms in the Franchise Agreement.
-
- In the event of a conflict between the terms of the Franchise Agreement and the terms of this Addendum, the terms of this Addendum shall control.
-
- Except as specifically modified by this Addendum, all terms of the Franchise Agreement are in full force and effect.
-
- The Addendum and the Franchise Agreement are hereinafter collectively referred to as the "Agreement".
-
- A third-party, Higharc Inc. ("Higharc"), pursuant to a contract with Franchisor, provides certain construction related services through a cloud-based platform for use by Franchisor and qualifying Epcon Communities franchisees. Those services, which may change from time-to time without prior notice to Franchisee, may include all or part of the following: access by Franchisee to the current versions of the eight primary detached plans that are part of the "P-Series" (Palazzo, Portico, Promenade, Provenance) and "R-Series" (Capri, Salerno, Torino, Verona) of the Franchisor's Development System, which plans Franchisor may change from time to time in accordance with the terms of the Franchise Agreement (the "Plans"); a community management tool that shows available Units and inventory Units; enhanced sales and marketing materials that allow for personalization of the Plans for each homebuyer's choices; the creation of job-specific construction drawings that match each homebuyer's structural option selections; and the generation of job-specific key measure reports for guidance in estimating quantities of materials needed for construction of a Unit (collectively, the "Higharc Services").
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 Epcon Communities Franchise Disclosure Document, the Rhode Island addendum refers to both the addendum and the franchise agreement collectively as the "Agreement". This means that for franchisees operating in Rhode Island, the entire contractual relationship is defined by both documents read together.
This designation is important because it clarifies how the terms and conditions are to be interpreted. Specifically, the addendum states that if there is a conflict between the terms of the Franchise Agreement and the terms of the Addendum, the terms of the Addendum shall control. This ensures that Rhode Island-specific regulations and legal requirements take precedence over the standard Franchise Agreement terms, offering additional protection to the franchisee.
For a prospective Epcon Communities franchisee in Rhode Island, this means they must carefully review both the Franchise Agreement and the Rhode Island Addendum to fully understand their rights and obligations. The "Agreement" encompasses both documents, and any discrepancies will be resolved in favor of the Addendum, reflecting the state's franchise laws.