What must an Epcon Communities franchisee do regarding Higharc's terms and conditions?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall at all times comply with any and all terms and conditions of Higharc related to the use of the Higharc Services. Franchisee's compliance with such terms and conditions shall be determined by Franchisor and/or Higharc in their sole discretion. In addition, as one of the conditions of its right to use the Higharc Services, Franchisee agrees to accept and abide by any conditions of use published or provided by Franchisor from time to time in connection with the Higharc Services. Franchisee's compliance with such terms and conditions shall be determined by Franchisor in its sole discretion.
Franchisee acknowledges that Franchisor may, in its sole discretion, suspend, limit or revoke a Franchisee's right to use the Higharc Services if Franchisor determines that Franchisee, its agents, employees or owners, have failed to comply with the requirements and obligations pertaining to the Higharc Services. Notwithstanding any such suspension, limitation or revocation described above, the obligations of Franchisee to pay the Technology Royalty under this Addendum will continue without reduction until such time as all amounts owed by Franchisee to Franchisor under the terms of this Addendum are indefeasibly paid in full.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 FDD, Epcon Communities franchisees must comply with all terms and conditions set by Higharc related to the use of Higharc Services. Compliance will be determined at the sole discretion of Epcon Communities and/or Higharc. As a condition of using Higharc Services, franchisees must also accept and abide by any conditions of use published or provided by Epcon Communities regarding Higharc Services, with compliance determined by Epcon Communities at its sole discretion.
Epcon Communities has the authority to suspend, limit, or revoke a franchisee's right to use Higharc Services if the franchisee, its agents, employees, or owners fail to comply with the requirements and obligations pertaining to the Higharc Services. However, even if the right to use the Higharc Services is suspended, limited, or revoked, the franchisee's obligation to pay the Technology Royalty continues without reduction until all amounts owed to Epcon Communities are paid in full.
In practical terms, this means that an Epcon Communities franchisee must carefully review and adhere to all terms and conditions set by both Higharc and Epcon Communities regarding the use of Higharc Services. Failure to comply can result in the loss of access to these services, though the franchisee will still be obligated to pay the associated technology royalties. Prospective franchisees should seek clarification from Epcon Communities about the specific terms and conditions of Higharc and Epcon Communities, as well as the criteria used to determine compliance.