Are the headings in the 7 Brew franchise agreement used to define the contents of the sections?
7_Brew Franchise · 2025 FDDAnswer from 2025 FDD Document
The term "Store" includes all assets of the 7 BREW Store you operate under this Agreement, including its physical structure and revenue and income. "Include," "including," and words of similar import will be interpreted to mean "including, but not limited to" and "including, without limitation," and the terms following such words will be interpreted as examples, and not an exhaustive list, of the appropriate subject matter.
Source: Item 22 — CONTRACTS (FDD pages 82–83)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the 7 Brew franchise agreement uses headings to clarify the content within each section. Specifically, the document states that the terms "include," "including," and similar words mean "including, but not limited to" and "including, without limitation." This indicates that the headings serve as guides but do not provide an exhaustive list of what each section covers.
For a prospective 7 Brew franchisee, this means that while the headings offer a general understanding of the section's content, the actual scope may be broader. Franchisees should not rely solely on the headings but carefully read the entire section to fully understand their rights and obligations.
This approach gives 7 Brew flexibility in interpreting and applying the franchise agreement. Franchisees need to be aware that the examples provided under a heading are illustrative and not comprehensive, so they must consider the full implications of each clause. This ensures that both the franchisor and franchisee understand the agreement's scope beyond the explicit examples given.