Where must litigation be filed concerning the Epcon Communities Sublicense Agreement?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section of Sublicense Agree ment | Summary |
|---|---|---|
| i. Franchisee’s obligations on termination/non-renewal | Section 5 | Cease use and, if applicable, return to us, the Marks, Epcon Communities Works, Development System or systems or parts of the Development System; cancel recording of Sublicense Agreement in all governmental records. |
| j. Assignment of contract by | Not Applicable | No restrictions on our right to assign as long as our |
| franchisor | obligations are assumed upon assignment. | |
| k. “Transfer” by franchisee -- | Section 1 | Transfer includes any transfer of the rights granted under |
| defined | the Sublicense Agreement. | |
| l. Franchisor approval of a | Not applicable | Not Applicable. |
| transfer by franchisee | ||
| m. Conditions for franchisor’s | Section 1 | Not Applicable. |
| approval of a transfer | ||
| n. Franchisor’s right of first | Not Applicable | Not Applicable. |
| refusal to acquire | ||
| franchisee’s business | ||
| o. Franchisor’s option to | Not Applicable | Not Applicable. |
| purchase franchisee’s | ||
| business | ||
| p. Death or disability of | Not Applicable | Not Applicable. |
| franchisee | ||
| q. Non-competition covenants | Not Applicable | Non-competition covenants in Section 10.6 of the |
| during the term of the | Franchise Agreement apply during the term of the | |
| franchise | Sublicense Agreement. | |
| r. Non-competition covenants | Not Applicable | Non-competition covenants in Section 13.7 of the |
| after the franchise is | Franchise Agreement apply during the term of the | |
| terminated or expires | Sublicense Agreement. | |
| s. Modification of the | Section 10.E | No modifications unless they are in writing and signed by |
| Agreement | both parties. | |
| t. Integration/merger clause | Section 10.E | Subject to applicable state law only the terms of the Sublicense Agreement and other related written agreements are binding. Any representations or promises outside of the disclosure document and Sublicense Agreement may not be enforceable. However, nothing in any agreement is intended to disclaim the express representations made in the Franchise Disclosure Document, its exhibits and amendments. |
| u. Dispute resolution by | Not Applicable | Not Applicable. |
| arbitration or mediation | ||
| v. Choice of forum | Section 10.G | Subject to applicable state law, litigation must be filed in Federal District Court for the Southern District of Ohio in Columbus, Ohio or in Common Pleas Court of Franklin County, Ohio. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 55–69)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, any litigation regarding the Sublicense Agreement must be filed in specific courts within Ohio, subject to applicable state law. The litigation must be filed in the Federal District Court for the Southern District of Ohio, located in Columbus, or in the Common Pleas Court of Franklin County, Ohio.
This clause dictates the venue where Epcon Communities franchisees can bring legal action against the franchisor or vice versa, ensuring that both parties understand and agree upon the location of potential legal proceedings. This is a standard practice in franchising agreements, as it provides clarity and predictability regarding dispute resolution.
For a prospective Epcon Communities franchisee, this means that if a dispute arises that leads to litigation, they will likely need to engage legal counsel within Ohio, specifically in the Columbus or Franklin County areas. This could potentially increase legal costs for franchisees located outside of Ohio, as they may need to hire attorneys from that region or travel there for court appearances. Franchisees should consider this factor when evaluating the overall costs and potential risks associated with investing in an Epcon Communities franchise.