What state does the second addendum to the Epcon Communities Franchise Agreement apply to?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
ADDENDUM TO EPCON COMMUNITIES FRANCHISING, LLC FRANCHISE AGREEMENT FOR THE STATE OF VIRGINIA
This Addendum to Epcon Communities Franchising, LLC Franchise Agreement is agreed to this day of, 20, by and between Epcon Communities Franchising, LLC ("Franchisor") and ("Franchisee") to amend and revise the Franchise Agreement between the parties, dated,, in the following respects:
-
- All capitalized terms herein which are not separately defined herein shall have the meanings ascribed to these terms in the Franchise Agreement.
-
- 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.
-
- Except as specifically modified by this Addendum, all terms of the Franchise Agreement are in full force and effect.
-
- Article 21 of the Franchise Agreement is hereby deleted in its entirety and the following substituted therefor:
"Article 21 Franchisee Statements
- 21.1 By its signature set forth below, Franchisee agrees with the following statements:
- (a) As an inducement to Franchisor entering into this Agreement with Franchisee, Franchisee has made no misrepresentations in obtaining this Agreement.
- (b) Franchisee is aware of the fact that some franchisees may operate under different forms of agreements, and consequently, that Franchisor's obligations and rights in respect to its various franchisees may differ materially in certain circumstances.
- 21.2 No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise."
-
- This Addendum, together with the 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.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 Epcon Communities Franchise Disclosure Document, the second addendum to the Epcon Communities Franchise Agreement applies to the state of Virginia. This addendum modifies the original franchise agreement between Epcon Communities Franchising, LLC and the franchisee.
The addendum includes specific clauses that address franchisee statements, ensuring that franchisees acknowledge they have not made misrepresentations and are aware that other franchisees may operate under different agreements. It also clarifies that no statement or acknowledgment signed by the franchisee can waive claims under state franchise law or disclaim reliance on statements made by the franchisor.
Furthermore, the addendum states that it, along with the original Franchise Agreement, constitutes the entire agreement between the parties and can only be modified in writing signed by both parties. This ensures that all terms are clearly defined and agreed upon, reducing the potential for misunderstandings or disputes.