What is the scope of the term 'Agreement' as it is used within the Epcon Communities Addendum?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
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- The Addendum and the Franchise Agreement are hereinafter collectively referred to as the "Agreement".
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 Epcon Communities FDD, the term "Agreement" refers to both the Franchise Agreement and any addenda to it. This is clarified within the addendum itself to ensure that all parties understand the relationship between the original agreement and any modifications or revisions.
This definition is important because the addendum may modify specific sections of the original Franchise Agreement. In the event of a conflict between the terms of the Franchise Agreement and the terms of the Addendum, the terms of the Addendum will take precedence. However, any terms within the original Franchise Agreement that are not specifically modified by the addendum remain in full force and effect.
For a prospective Epcon Communities franchisee, this means carefully reviewing both the Franchise Agreement and any addenda to fully understand their rights and obligations. It's essential to pay close attention to any sections that the addendum modifies, as those changes will supersede the original terms. This ensures clarity and avoids potential disputes regarding the interpretation of the agreement.