Under what state's laws is the Epcon Communities Assignment Agreement governed and construed?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
This Assignment Agreement shall be deemed to have been made and entered into in the State of Ohio, and all rights and obligations of the parties hereto shall be governed by and construed in accordance with the local laws of the State of Ohio, without application of its conflicts of laws provisions.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 FDD, the Epcon Communities Assignment Agreement is governed and construed under the laws of the State of Ohio. This means that any legal disputes arising from the Assignment Agreement will be interpreted and resolved according to Ohio law, without considering its conflict of laws provisions. The agreement is considered to have been made and entered into in Ohio.
For a prospective franchisee, this clause is important because it establishes the legal framework for interpreting and enforcing the Assignment Agreement. If a dispute arises, the franchisee will need to understand Ohio law or seek legal counsel familiar with Ohio law. This could also mean that any legal proceedings related to the agreement may take place in Ohio, depending on jurisdiction and venue.
It is common for franchise agreements to specify a governing law, as this provides clarity and predictability in the event of a legal dispute. Franchisees should be aware of the implications of the chosen governing law and consider seeking legal advice to fully understand their rights and obligations under the agreement.