What is included in the definition of 'Store' for a 7 Brew franchise?
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)
According to 7 Brew's 2025 Franchise Disclosure Document, the term 'Store' encompasses all assets of the 7 Brew store operated under the franchise agreement. This includes the physical structure of the store as well as its revenue and income.
This definition is important for franchisees as it clarifies what 7 Brew considers to be part of the franchised business. The explicit inclusion of revenue and income in the definition of 'Store' likely has implications for various aspects of the franchise agreement, such as royalty calculations, transfer provisions, and termination clauses. Franchisees should pay close attention to how the term 'Store' is used throughout the agreement to fully understand their obligations and rights.
The FDD also states that the terms 'include,' 'including,' and similar words are interpreted to mean 'including, but not limited to' and 'including, without limitation.' This means that the listed components of the 'Store' definition (physical structure, revenue, and income) are examples, and the definition is not limited to only those items. This broad interpretation gives 7 Brew flexibility to argue that other assets or aspects of the business also fall under the definition of 'Store.'
Prospective franchisees should seek legal counsel to fully understand the implications of this broad definition and how it may affect their operation of the 7 Brew franchise. Understanding the full scope of what constitutes the 'Store' is crucial for managing the business effectively and ensuring compliance with the franchise agreement.