factual

What is the name of the agreement that the Epcon Communities franchisee must enter into with any architect(s), engineer(s) or designer(s) that make modifications to the plans?

Epcon_Communities Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee will require any architect(s), engineer(s) or designer(s) that make modifications to the plans, specifications or any other part of the Development System to enter into with Franchisee a Copyright Assignment in a form and content satisfactory to Franchisor.

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

What This Means (2025 FDD)

According to the 2025 FDD, if an Epcon Communities franchisee needs to modify the plans for their project and hires an architect, engineer, or designer to do so, the franchisee must ensure that the hired professional enters into a "Copyright Assignment" agreement with the franchisee. The form and content of this agreement must be satisfactory to Epcon Communities.

This requirement ensures that Epcon Communities retains control over its intellectual property, specifically the architectural designs and specifications that are part of the Development System. By requiring a Copyright Assignment, Epcon Communities aims to prevent unauthorized use or modification of its designs by third parties. This protects the brand's unique aesthetic and design standards across all franchise locations.

Furthermore, the FDD states that the architect irrevocably transfers, conveys, and assigns all worldwide rights, titles, and interests in the copyright of each work to Epcon Communities. This includes the right to bring suit, collect damages, and pursue remedies for past infringement, as well as the right to secure copyright registrations, renewals, and extensions. Epcon Communities also has the sole right to license, sell, assign, or otherwise exploit the work, and to reproduce, alter, expand, change, modify, and adapt the work.

This requirement is intended to satisfy the requirements of 17 U.S.C. Section 204, which pertains to copyright transfers. The architect must also execute any additional assignments or documents that Epcon Communities requests to confirm the assignment of copyrights. If any other party has rights to the works, the architect must obtain and assign those rights to Epcon Communities. This comprehensive assignment ensures that Epcon Communities has full control over the intellectual property associated with its designs.

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.