Under what conditions does Epcon Communities require a franchisee to obtain representations and assignments from an architect or contractor?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee will require any architect(s), engineer(s) or designer(s) that make modifications to the plans, specifications or any other part of the Development System to enter into with Franchisee a Copyright Assignment in a form and content satisfactory to Franchisor.
- C. Epcon requires Franchisee, pursuant to the terms of the Franchise Agreement between Epcon and Franchisee, to obtain the representations and assignments contained herein from any architect or contractor who changes, modifies or revises an Epcon Works
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, a franchisee is required to obtain specific representations and assignments from any architect or contractor who changes, modifies, or revises an Epcon Works. This requirement is stipulated in the terms of the Franchise Agreement between Epcon Communities and the franchisee.
This provision ensures that Epcon Communities maintains control and ownership over its intellectual property, specifically the copyrights associated with the architectural designs and works used in the development of Epcon Communities projects. By requiring these assignments, Epcon Communities aims to protect its Development System and ensure consistency across all franchise locations.
In practical terms, this means that if a franchisee needs to make any alterations to the standard Epcon Communities plans due to local regulations or site-specific requirements, they must ensure that the architect or contractor making those changes formally assigns all rights to those modifications to Epcon Communities. This includes transferring all worldwide rights, titles, and interests in the copyright of the revised work, allowing Epcon Communities to use, modify, and protect the changes as it sees fit. The franchisee bears the responsibility for ensuring these assignments are properly executed to comply with the franchise agreement.
This requirement is further reinforced by the franchisee's responsibility to make any changes or modifications to the plans required by governmental authorities or necessitated by zoning and building codes. The franchisee must also ensure that any architect, engineer, or designer who modifies the Development System enters into a Copyright Assignment that is satisfactory to Epcon Communities. This protects Epcon Communities from potential copyright infringement and ensures they have the right to use and adapt the designs across their franchise network.