Are there any exceptions to the choice of law governing the Epcon Communities Sublicense Agreement?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section of Sublicense Agree ment | Summary |
|---|---|---|
| w. Choice of law | Section 10.G | Subject to applicable state law, Ohio law applies. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 55–69)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, the choice of law for the Sublicense Agreement is subject to exceptions. Specifically, Section 10.G of the Sublicense Agreement states that Ohio law applies, but this is "subject to applicable state law." This means that if a state's laws conflict with the application of Ohio law, the state law will take precedence.
This is a fairly standard clause in franchise agreements, as it recognizes that state laws may have specific regulations that override the general choice of law. For a prospective Epcon Communities franchisee, this means that the laws of the state in which they operate their franchise could potentially modify or supersede certain aspects of the Sublicense Agreement, even though the agreement itself specifies Ohio law.
It is important for potential Epcon Communities franchisees to consult with a legal professional to understand how the laws of their specific state might affect the terms and conditions of the Sublicense Agreement. This is especially crucial in areas where state franchise laws provide additional protections or impose different requirements compared to Ohio law. Understanding these nuances can help franchisees ensure they are fully compliant and aware of their rights and obligations.