factual

Which item in the Epcon Communities disclosure document is modified by the information provided in this section?

Epcon_Communities Franchise · 2025 FDD

Answer from 2025 FDD Document

(ii) disclaiming reliance on behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.

[Remainder of page intentionally blank. Signature page follows.]

IN WITNESS WHEREOF, the parties hereto have executed this Addendum to be effective as of the effective date of the Market Hold Agreement.

FRANCHISOR: Epcon Communities Franchising, LLC
By:
Joseph R. Karpowicz, Assistant General Counsel
FRANCHISEE: NAME
By:
[Name, Title]

ADDENDUM TO EPCON COMMUNITIES FRANCHISING, LLC DISCLOSURE DOCUMENT FOR THE STATE OF INDIANA

  1. Special Risk(s) to Consider About This Franchise:

The page entitled, "Special Risks to Consider About This Franchise of this disclosure document is hereby modified to comply with Indiana law by adding the following disclosure after the stated "Risk Factors":

"INDIANA LAW IS CONTROLLING FOR INDIANA FRANCHISEES."

  1. Item 3 of the disclosure document is hereby modified by adding the following paragraph to the end thereof:

"Except as set out above, neither Epcon Communities nor any person identified in Item 2 of this disclosure document is involved in any pending arbitration and has, during the 10 year period immediately preceding the date of this disclosure document, been a party to any arbitration proceeding."

  1. Item 6 of the disclosure document is hereby modified by adding the following to the "Remarks" column of the table opposite the listing for "Liquidated Damages":

"Liquidated damages are prohibited by Indiana Code Section 23-2-2.7-1(10). Epcon Communities may seek such damages in a court of proper jurisdiction. See Addendum to Epcon Communities Franchising, LLC Franchise Agreement for State of Indiana."

  1. Item 17 of the disclosure document is hereby modified by substituting the following in place of the specified three items of the chart therein:
" PROVISION SECTION IN FRANCHISE AGREEMENT
v. Choice of forum Section 20.3 Litigation must be filed
in court of competent
jurisdiction in Indiana.
w. Choice of law Section 20.2 Indiana law applies. "

and by adding the following paragraphs to the end thereof:

"With respect to item m. of the chart set forth above, you are not required to release any claims against Epcon Communities arising under Indiana franchise law."

5.

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

What This Means (2025 FDD)

According to the 2025 Epcon Communities Franchise Disclosure Document, the addendum provided modifies multiple items within the disclosure document for franchisees in specific states. For Indiana franchisees, Item 3, Item 6, and Item 17 of the disclosure document are modified. Additionally, the page entitled "Special Risks to Consider About This Franchise of this disclosure document is hereby modified to comply with Indiana law by adding the following disclosure after the stated "Risk Factors": "INDIANA LAW IS CONTROLLING FOR INDIANA FRANCHISEES.""

For franchisees in Rhode Island, Item 17 of the disclosure document is modified. Specifically, the first chart of Item 17 (Franchise Agreement) is modified by adding information to the end of the "Summary" column for items "m.", "v.", and "w.". The addendum also states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law or disclaim reliance on statements made by the franchisor.

These modifications are crucial for prospective franchisees as they highlight state-specific legal considerations that can significantly impact the franchise agreement. Franchisees should carefully review these addenda to understand their rights and obligations under the laws of their respective states. It is also important to consult with a legal professional to fully understand the implications of these modifications.

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.