factual

In the event of a conflict between the Franchise Agreement and the Addendum, which document's terms control for Epcon Communities?

Epcon_Communities Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. 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.
    1. Except as specifically modified by this Addendum, all terms of the Franchise Agreement are in full force and effect.

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

What This Means (2025 FDD)

According to the 2025 FDD, if there is a conflict between the terms outlined in the Epcon Communities Franchise Agreement and the terms in the Addendum, the terms of the Addendum will take precedence. This is a standard legal clause ensuring that any specific modifications or revisions agreed upon in the Addendum supersede the original agreement where discrepancies exist. This clause appears in addenda for multiple states, including Virginia, Maryland, and Illinois.

For a prospective Epcon Communities franchisee, this means that the Addendum is a critical document. Franchisees should carefully review the Addendum to understand any changes to the standard Franchise Agreement. This is especially important because addenda often address specific state laws or regulations that may impact the franchise operation.

This clause protects both the franchisee and Epcon Communities by clarifying which terms are in effect. It ensures that the most recently agreed-upon terms are enforced, reducing potential disputes over conflicting interpretations of the agreement. Franchisees should pay close attention to any addenda, as they represent the most current and relevant terms governing their franchise.

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.