Under what condition can an amendment, change, or variance to the Epcon Communities franchise agreement be considered binding on either party?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Modification of the Web Site, Databases or Agreement. Epcon Communities may elect to update, modify, change or terminate all or any part of the functionality available through the Databases or Web Site, including modification or termination of any services provided, including the Epcon Communities Intranet itself. In addition, Epcon Communities may modify this Agreement from time to time by amendments or modifications provided to you through on-line notice on the Web Site, by email to the email address you have provided to us, or by regular mail or facsimile transmission. You agree that access to the Databases or Web Site after you have, or should have received, notice of modifications or amendments to this Agreement will constitute acceptance of all such modifications or amendments.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 Epcon Communities Franchise Disclosure Document, modifications or amendments to the agreement are considered accepted and binding when the franchisee accesses the Databases or Web Site after they have received or should have received notice of the changes.
This means that Epcon Communities can modify the franchise agreement through online notices on the Web Site, email, regular mail, or facsimile transmission. It is the franchisee's responsibility to stay informed of these changes, as continued access to the Databases or Web Site implies acceptance.
This clause places the onus on the franchisee to regularly check for updates and understand that their continued use of the system constitutes agreement to any modifications. Franchisees should pay close attention to communications from Epcon Communities and review the Web Site frequently to avoid unknowingly accepting unfavorable changes to the agreement.