In the event of a conflict between the Franchise Agreement and the Addendum, which terms control for Epcon Communities?
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, if there is a conflict between the terms outlined in the Epcon Communities Franchise Agreement and the terms within any addendum to the agreement, the terms of the addendum will take precedence. This is a standard legal clause ensuring that the most recently agreed-upon modifications or revisions are upheld. This clause appears in addenda for multiple states, including Virginia, Maryland, and Illinois.
For a prospective Epcon Communities franchisee, this means that any specific changes or additions made via an addendum will override the original terms of the franchise agreement where conflicts arise. It is crucial for franchisees to carefully review all addenda and understand how they modify the original agreement. This ensures clarity on the current obligations and rights of both the franchisee and franchisor.
This clause protects both parties by clarifying which terms are currently in effect. Franchise agreements are often complex and subject to change, so addenda are used to document updates. Franchisees should pay close attention to any addenda, as these represent the most current and controlling terms of their agreement with Epcon Communities.