What is the scope of the Epcon Communities franchisee's compliance with Higharc's terms and conditions?
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 Epcon Communities Franchise Disclosure Document, franchisees must adhere to all terms and conditions set by Higharc related to the use of Higharc Services. Epcon Communities or Higharc will determine whether a franchisee is complying with these terms at their discretion. Additionally, franchisees must accept and abide by any conditions of use published or provided by Epcon Communities regarding Higharc Services, with compliance determined solely by Epcon Communities.
Epcon Communities has the authority to suspend, limit, or revoke a franchisee's right to use 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 a franchisee's access to Higharc Services is suspended, limited, or revoked, the franchisee is still obligated to pay the Technology Royalty until all amounts owed to Epcon Communities are paid in full.
In practical terms, this means that an Epcon Communities franchisee's ability to use the Higharc Services platform is contingent upon strict adherence to both Higharc's and Epcon Communities' terms and conditions. Failure to comply can result in the loss of access to these services, which are essential for construction-related services, without any reduction in royalty payments. Prospective franchisees should carefully review all terms and conditions related to the Higharc Services to fully understand their obligations and the potential consequences of non-compliance.