Is an Epcon Communities franchisee required to purchase and maintain a computer system with specifications defined by the franchisor?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
5.10 Franchisee shall, during the term of this Agreement, purchase, install, maintain, and use in its operations under this Agreement a personal computer system having at least the minimum specifications and capabilities, and including at least the software, as specified by Franchisor in writing from time to time to its Epcon Communities franchisees.
Franchisee understands that compliance with its obligations in this Section 5.10 may require it to purchase new hardware and software or upgrades to existing hardware and software, as specified by Franchisor in writing from time to time to its Epcon Communities franchisees.
As to any malfunctioning of the any computer system or any website as further described in this Agreement, neither Franchisor nor any affiliate will be liable to Franchisee for any consequential, incidental, indirect, economic, special, exemplary or punitive damages, such as, but not limited to, loss of revenue or anticipated profits or lost business.
Franchisee shall obtain and maintain any and all equipment and services necessary to connect to the website referenced in Section 7.5 and to receive electronic communications from Franchisor. Franchisee is responsible for notifying Franchisor of its desired e-mail address for delivery of communications and online sales leads and must advise Franchisor of any subsequent changes immediately.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 Epcon Communities Franchise Disclosure Document, franchisees are required to purchase, install, maintain, and use a personal computer system in their operations. This system must meet the minimum specifications and capabilities, including specific software, as defined in writing by Epcon Communities.
This requirement means that franchisees must invest in a computer system that adheres to Epcon Communities' standards. Franchisees may need to purchase new hardware, software, or upgrades to existing systems to comply with these specifications. It is important to note that Epcon Communities is not liable for any damages resulting from malfunctions of the computer system or website, including loss of revenue, anticipated profits, or lost business.
Furthermore, franchisees are responsible for obtaining and maintaining the necessary equipment and services to connect to the Epcon Communities website and receive electronic communications from the franchisor. They must also notify Epcon Communities of their desired email address for communications and online sales leads, and promptly advise the franchisor of any changes. This ensures that franchisees can effectively utilize the franchisor's online resources and maintain consistent communication.
This requirement is fairly standard in franchising, as it allows the franchisor to maintain brand consistency and ensure that franchisees can effectively utilize the franchisor's systems and resources. Prospective franchisees should inquire about the specific hardware and software requirements, as well as the potential costs associated with purchasing, maintaining, and upgrading the computer system.