What is the relationship between the Rhode Island addendum and other terms in the Epcon Communities franchise documents?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
he Franchise Agreement to which it is attached, constitutes the entire agreement of the parties with respect to the subject matter hereof and may not be further modified or amended except in a written agreement signed by both parties.
IN WITNESS WHEREOF, the parties hereto have signed this Addendum to be effective as of the date first above written.
| 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 RHODE ISLAND
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- The first chart of Item 17 (Franchise Agreement) of the disclosure document is hereby modified by adding the following to the end of the "Summary" column for item "m.":
- "Except for a release given in connection with the settlement of disputes, claims or civil lawsuits arising or brought under the Rhode Island Franchise Investment Act (the "Act"), the release described above may not relieve any person from liability imposed by the Act or any rule or order under the Act."
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Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 Epcon Communities FDD, the Rhode Island addendum modifies specific sections of the standard franchise agreement to comply with Rhode Island law.
Specifically, the addendum addresses liability releases, jurisdiction, and venue restrictions to ensure they do not violate the Rhode Island Franchise Investment Act. It clarifies that releases, except those related to settlements of disputes under the Act, cannot relieve liability imposed by the Act. Additionally, it states that any franchise agreement provision restricting jurisdiction or venue to outside of Rhode Island, or requiring application of other states' laws, is void concerning claims enforceable under the Rhode Island Franchise Investment Act.
Furthermore, the Rhode Island addendum ensures that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on franchisor statements. This provision takes precedence over any conflicting terms in other franchise documents, strengthening franchisee protections within Rhode Island. Another addendum states that in the event of a conflict between the terms of the Franchise Agreement and the terms of this Addendum, the terms of this Addendum shall control, and that all other terms remain in effect.