factual

When must the Initial Market Hold Fee be paid to Epcon Communities?

Epcon_Communities Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee shall have paid to Franchisor no later than the time of Franchisee's execution of this Market Hold Agreement a non-refundable fee in the amount of $5,000 (the "Initial Market Hold Fee").

For a period of twelve (12) months from the Effective Date (as hereinafter defined) of this Market Hold Agreement (the "Term"), Franchisor will not itself develop, nor will it grant to a third party a license to develop, a Project utilizing the Development System within the Reserved Market Area, except after first proceeding in compliance with the provisions of Section 5 hereof.

Source: Item 23 — RECEIPTS (FDD pages 86–280)

What This Means (2025 FDD)

According to Epcon Communities' 2025 Franchise Disclosure Document, the Initial Market Hold Fee of $5,000 must be paid no later than the time of the franchisee's execution of the Market Hold Agreement. This fee is non-refundable. The Market Hold Agreement allows a franchisee to reserve or 'hold' a specific market area while deciding whether to enter into a Franchise Agreement and Market Area Agreement with Epcon Communities for developing a project in that reserved area.

This agreement grants the franchisee a period of twelve months from the effective date of the Market Hold Agreement, during which Epcon Communities will not develop or license a third party to develop a project using their Development System within the Reserved Market Area. This hold is subject to compliance with Section 5 of the agreement, which likely outlines specific conditions or procedures that must be followed.

For a prospective Epcon Communities franchisee, this means that securing a desired market area requires an upfront investment of $5,000. This fee ensures that the area is held exclusively for the franchisee for a limited time, allowing them to evaluate the market's potential without immediate competition from Epcon Communities or other franchisees. However, it's important to note that the fee is non-refundable, so careful consideration should be given before entering into the Market Hold Agreement.

It is also important to note that, at Franchisor's sole discretion, a franchisee may only obtain a reservation or "hold" on one proposed Market Area for each active Market Area that has a Project currently under development.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.