What is the effect of the Epcon Communities Addendum on the existing Franchise Agreement?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Addendum to Epcon Communities Franchising, LLC Franchise Agreement is agreed to this day of,, by and between Epcon Communities Franchising, LLC ("Franchisor") and ("Franchisee") to amend and revise the Franchise Agreement between the parties, dated,, in the following respects: | |
|---|---|
| 1. | All capitalized terms herein which are not separately defined herein shall have the meanings ascribed to these terms in the Franchise Agreement. |
| 2. | 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. |
| 3. | Except as specifically modified by this Addendum, all terms of the Franchise Agreement are in full force and effect. |
| 4. | Article 21 of the Franchise Agreement is hereby deleted in its entirety and the following substituted therefor: "Article 21 Franchisee Statements |
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 FDD, the Addendum to the Epcon Communities Franchise Agreement serves to modify the original agreement. The addendum is agreed upon by both Epcon Communities Franchising, LLC, as the franchisor, and the franchisee. The primary purpose of the addendum is to amend and revise specific terms within the existing Franchise Agreement.
According to the FDD, all capitalized terms not specifically defined in the addendum will retain the meanings assigned to them in the original Franchise Agreement. In situations where there is a conflict between the terms outlined in the Franchise Agreement and those in the Addendum, the terms of the Addendum will take precedence. This ensures that the most recently agreed-upon terms are those that govern the relationship. Except for the specific modifications detailed in the Addendum, all other terms and conditions of the original Franchise Agreement remain in full force and effect, maintaining the overall structure and intent of the initial agreement.
Notably, the addendum may include specific modifications to certain sections of the Franchise Agreement. For example, the addenda provided as evidence modify sections regarding transfer, termination, and dispute resolution, and franchisee statements. These changes reflect state-specific legal requirements. The addendum, along with the Franchise Agreement, constitutes the entire agreement between the parties, and any further modifications or amendments must be made in writing and signed by both the franchisor and the franchisee to be valid.