What is the obligation of the Epcon Communities franchisee regarding compliance with the conditions of use published by Epcon Communities in connection with the Higharc Services?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall at all times comply with any and all terms and conditions of Higharc related to the use of the Higharc Services. Franchisee's compliance with such terms and conditions shall be determined by Franchisor and/or Higharc in their sole discretion. In addition, as one of the conditions of its right to use the Higharc Services, Franchisee agrees to accept and abide by any conditions of use published or provided by Franchisor from time to time in connection with the Higharc Services. Franchisee's compliance with such terms and conditions shall be determined by Franchisor in its sole discretion.
Franchisee acknowledges that Franchisor may, in its sole discretion, suspend, limit or revoke a Franchisee's right to use the Higharc Services if Franchisor determines that Franchisee, its agents, employees or owners, have failed to comply with the requirements and obligations pertaining to the Higharc Services. Notwithstanding any such suspension, limitation or revocation described above, the obligations of Franchisee to pay the Technology Royalty under this Addendum will continue without reduction until such time as all amounts owed by Franchisee to Franchisor under the terms of this Addendum are indefeasibly paid in full.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 FDD, an Epcon Communities franchisee must adhere to all terms and conditions set by Higharc related to the use of Higharc Services. Furthermore, the franchisee must accept and abide by any conditions of use published or provided by Epcon Communities regarding the Higharc Services. Compliance with these terms is determined at the sole discretion of Epcon Communities and/or Higharc.
Epcon Communities retains the right to suspend, limit, or revoke a franchisee's access to Higharc Services if it determines that the franchisee, its agents, employees, or owners have failed to comply with the requirements and obligations pertaining to these services. However, even if access is suspended, limited, or revoked, the franchisee's obligation to pay the Technology Royalty continues until all amounts owed under the addendum are paid in full.
This means that franchisees must diligently follow all guidelines and updates provided by both Epcon Communities and Higharc to maintain access to the Higharc Services, which are crucial for construction-related services. Failure to comply can result in the loss of these services, potentially impacting the franchisee's operations. However, the financial obligations to Epcon Communities remain, regardless of access to the Higharc Services, highlighting the importance of understanding and adhering to all conditions of use.