How are references to agreements, documents, or instruments interpreted 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, references to agreements, documents, or instruments are interpreted to mean the agreement, document, or instrument as it has been amended or modified and is currently in effect. This interpretation applies as long as the amendments or modifications align with the terms outlined within the agreement itself. This ensures that any changes made to the original agreement are considered part of the whole, maintaining the agreement's relevance and enforceability over time.
This clause is important for prospective All Team franchisees because it clarifies that the franchise agreement isn't static. It can evolve through amendments and modifications. Franchisees need to stay informed about any changes to the agreement, as these changes will be considered part of the governing contract. This also means that any side agreements or understandings must be formally integrated into the main agreement to be enforceable.
In practical terms, if All Team and a franchisee agree to alter a specific clause in the franchise agreement, that alteration becomes part of the agreement. The agreement is read as a whole, including the new alteration. This ensures that both parties operate under the most current version of the agreement. This is a fairly standard clause in franchise agreements, designed to provide clarity and flexibility as the franchise relationship evolves.