Under what conditions might Epcon Communities allow a franchisee to continue using discontinued copyrighted information?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
If we discontinue or modify use of the information that is the subject of any of the copyright registrations, we may require you to discontinue or modify your use of that information at your cost and
expense. However, unless prohibited by law or if you are in default under your Franchise Agreement, we typically allow franchisees to use the discontinued or modified copyrighted information to complete their existing project, provided the franchisee has commenced construction of its project and construction is completed within the time period permitted under the Franchise Agreement and the Market Area Agreement.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 53–54)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, if Epcon Communities discontinues or modifies the use of copyrighted information, they may require franchisees to stop using that information at the franchisee's own cost. However, Epcon Communities typically allows franchisees to continue using the discontinued or modified copyrighted information to complete existing projects under specific conditions.
These conditions include that it is not prohibited by law and the franchisee is not in default under their Franchise Agreement. Additionally, the franchisee must have already started construction on the project and complete it within the time period allowed by both the Franchise Agreement and the Market Area Agreement. This allowance provides a degree of flexibility for franchisees who have already invested resources into a project based on the previously approved copyrighted materials.
This policy protects Epcon Communities by allowing them to update their copyrighted materials and requires franchisees to stay current with those changes in most cases. However, it also protects franchisees from incurring additional costs from changes to copyrighted material by allowing them to complete projects already in progress. Prospective franchisees should carefully review the terms of the Franchise Agreement and Market Area Agreement to fully understand the timelines and conditions under which they can use discontinued copyrighted information.