What is the obligation of the Epcon Communities franchisee regarding compliance with Higharc's terms and conditions for using 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 Epcon Communities' 2025 Franchise Disclosure Document, a franchisee must adhere to all terms and conditions set by Higharc related to the use of Higharc Services. Epcon Communities and/or Higharc will determine whether the franchisee is complying with these terms at their discretion. As a condition of using Higharc Services, the franchisee must also accept and abide by any conditions of use published or provided by Epcon Communities related to Higharc Services, with compliance determined solely by Epcon Communities.
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 the Higharc 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 fully paid.
This means that prospective Epcon Communities franchisees need to carefully review and understand the terms and conditions set by both Higharc and Epcon Communities regarding the use of Higharc Services. Failure to comply with these terms could result in the loss of access to these services, which are designed to aid in construction-related activities, and continued financial obligations. Franchisees should seek clarification from Epcon Communities on any ambiguous terms and ensure they can meet all requirements before committing to the franchise.