Does Epcon Communities have any restrictions on assigning the Sublicense Agreement contract?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section of Sublicense Agree ment | Summary |
|---|---|---|
| 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. |
| Provision | Article or Section in Market Hold Agreement | Summary |
|---|---|---|
| k. “Transfer” by franchisee -- | Section 5 | Market Hold Agreement is not assignable to any other |
| defined | party without our consent. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 55–69)
What This Means (2025 FDD)
According to the 2025 Epcon Communities Franchise Disclosure Document, there are no restrictions on Epcon Communities' right to assign the Sublicense Agreement as long as its obligations are assumed upon assignment. However, the Market Hold Agreement is not assignable to any other party without Epcon Communities' consent.
For a prospective franchisee, this means Epcon Communities can transfer its rights and obligations under the Sublicense Agreement to another party without needing the franchisee's approval. This is a standard practice in franchising, allowing the franchisor flexibility in business operations. However, the franchisee is not allowed to assign the Market Hold Agreement without Epcon Communities' approval.
It is important for a potential Epcon Communities franchisee to understand the implications of these transfer conditions. While Epcon Communities can freely assign the Sublicense Agreement, the franchisee's ability to transfer the Market Hold Agreement is restricted, requiring franchisor consent. This could affect the franchisee's exit strategy or ability to sell the business if they hold a Market Hold Agreement.