factual

Under what condition will the Epcon Communities Market Hold Agreement expire?

Epcon_Communities Franchise · 2025 FDD

Answer from 2025 FDD Document

This Market Hold Agreement and the rights provided to Franchisee hereunder may not be assigned by Franchisee to any other party without the prior written consent of Franchisor.

Any attempt to assign either the Market

Hold Agreement or the rights provided to Franchisee hereunder shall cause the Term hereof and the rights provided hereunder automatically to expire. The parties agree that this grant of certain limited rights is contractual only, and is neither intended nor shall be interpreted to transfer any of Franchisor's exclusive rights under United States copyright law.

Source: Item 23 — RECEIPTS (FDD pages 86–280)

What This Means (2025 FDD)

According to the 2025 Epcon Communities Franchise Disclosure Document, the Market Hold Agreement and the rights provided to the franchisee will automatically expire if the franchisee attempts to assign the Market Hold Agreement or the rights granted within it to another party without obtaining prior written consent from Epcon Communities. This means that the franchisee cannot transfer their rights or obligations under the agreement to someone else unless Epcon Communities approves the assignment in writing. This provision ensures that Epcon Communities maintains control over who can operate under their brand and within specific market areas.

This restriction on assignment is a fairly standard practice in franchising. Franchisors like Epcon Communities want to carefully vet and approve anyone who will be representing their brand. The Market Hold Agreement gives the franchisee certain rights, such as reserving a specific market area. If a franchisee could freely transfer this agreement, it could lead to unqualified or unsuitable individuals gaining control of those rights, which could negatively impact the brand's reputation and the success of other franchisees.

For a prospective Epcon Communities franchisee, this means they need to be aware that they cannot sell or transfer their Market Hold Agreement to a third party without Epcon Communities's permission. If they attempt to do so, the agreement will automatically terminate, and they will lose any rights they had under it. This is an important consideration for anyone planning to invest in an Epcon Communities franchise, as it limits their ability to exit the agreement early by selling it to someone else.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.