To what does 'hereof' refer within the All Team agreement?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
Unless the context of this Agreement clearly requires otherwise: (a) references to the plural include the singular and vice versa; (b) references to any person include such person's successors and assigns but, if applicable, only if such successors and assigns are permitted by this Agreement; (c) references to one gender include all genders; (d) "including" is not limiting; (e) "or" has the inclusive meaning represented by the phrase "and/or"; (f) the words "hereof", "herein", "hereby", "hereunder" and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement; (g) section and subsection references are to this Agreement unless otherwise specified; (h) reference to any agreement (including this Agreement), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof and, if applicable, the terms hereof; and (i) references to any applicable law means such applicable law as amended, modified, codified or reenacted, in whole or in part, and in effect from time to time.
Source: Item 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, the terms "hereof", "herein", "hereby", "hereunder" and similar terms refer to the entire agreement, not just a specific part of it. This means that when reading the All Team franchise agreement, any instance of these words should be interpreted as applying to the whole document, not a single clause or section.
This definition is important for franchisees to understand because it affects how different parts of the agreement relate to each other. For example, if a clause states that certain rights are granted "hereof," those rights apply within the context of the entire agreement, potentially impacting other sections or obligations. Franchisees should be aware of this global reference when interpreting their rights and responsibilities.
Additionally, the All Team FDD specifies that the agreement can be amended or modified, and references to it include any such changes. This means that the definition of "hereof" extends to the agreement as it exists at any given time, including all amendments. Franchisees need to consider any modifications to the original agreement when interpreting clauses containing these terms to ensure they understand their current obligations and rights.
Finally, the FDD also states that the captions within the All Team agreement are for convenience only and do not define the scope of the agreement or the intent of its provisions. This reinforces the idea that the entire document should be considered when interpreting any specific clause, especially those containing terms like "hereof."