Who is the franchisee allowed to divulge information about the Epcon Communities Development System to?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
- 10.2 Neither Franchisee nor any of Franchisee's affiliates, owners, agents, or employees shall communicate or otherwise divulge to, or use for the benefit of, any other person or entity, any information or knowledge, no matter how derived, concerning the Development System. Franchisee is granted the specific and limited right to divulge information respecting the Development System to those individuals who must have access thereto in order to develop any Projects which are the subject hereof. All information and knowledge provided by Franchisor to Franchisee, including by way of illustration but not of limitation, drawings, specifications, techniques, and written material, shall be deemed confidential for the purposes of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, franchisees have a limited right to divulge information about the Development System. Specifically, franchisees can share information with individuals who need access to it in order to develop projects related to the franchise. This allowance is intended to enable the franchisee to operate effectively while still protecting Epcon Communities' confidential information.
This right is not unlimited. The FDD states that all information provided by Epcon Communities, including drawings, specifications, techniques, and written materials, is deemed confidential. This means franchisees must exercise caution and discretion when sharing information, even with authorized individuals. The franchisee is responsible for ensuring that anyone who receives confidential information understands and respects its confidential nature.
In practical terms, this means an Epcon Communities franchisee can share necessary details with their project managers, construction crews, and other essential personnel involved in developing specific projects. However, they cannot freely share the Development System information with outside parties, competitors, or anyone else who does not have a direct need to know for project development purposes. This restriction is typical in franchising to protect the franchisor's intellectual property and maintain a competitive advantage.