What does the Epcon Communities Franchise Agreement addendum modify?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum to Epcon Communities Franchising, LLC Franchise Agreement is agreed to this day of, 20, by and between Epcon Communities Franchising, LLC ("Franchisor") and ("Franchisee") to amend and revise the Franchise Agreement between the parties, dated, 20 (the "Franchise Agreement"), in the following respects:
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- All capitalized terms herein, which are not separately defined herein, shall have the meanings ascribed to such terms in the Franchise Agreement.
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- 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.
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- 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, the Addendum to the Epcon Communities Franchise Agreement serves to amend and revise the original agreement between Epcon Communities Franchising, LLC and the franchisee. The addendum clarifies that its terms will take precedence in case of any conflict with the original Franchise Agreement, and that all other terms of the Franchise Agreement remain in full effect unless specifically modified by the addendum. This ensures that the original agreement is only altered to the extent explicitly stated in the addendum, maintaining the overall structure and terms of the franchise relationship.
Specifically, the addendum addresses various aspects of the Franchise Agreement. For franchisees in Maryland, the addendum modifies sections related to transfer, termination, arbitration, and venue, particularly concerning claims under Maryland's Franchise Registration and Disclosure Laws. For franchisees in Virginia, the addendum replaces Article 21 of the Franchise Agreement, which pertains to franchisee statements, ensuring franchisees do not waive claims under state franchise law or disclaim reliance on franchisor statements. These modifications reflect state-specific legal requirements and aim to protect the rights and interests of franchisees within those jurisdictions.
Furthermore, Epcon Communities utilizes addenda to modify the disclosure document itself for specific states like Indiana and Minnesota. These modifications include adding disclosures related to special risks, arbitration proceedings, and compliance with state laws regarding liquidated damages and franchisee rights. For instance, the addendum for Indiana states that Indiana law is controlling for Indiana franchisees and addresses the prohibition of liquidated damages under Indiana Code. These state-specific addenda ensure that Epcon Communities complies with varying legal and regulatory requirements across different states, providing franchisees with the necessary information and protections mandated by their local laws.