How are references to people interpreted in the All Team agreement?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
- (l) 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 franchise agreement contains specific guidelines for interpreting references to people and other terms within the document. These guidelines ensure clarity and consistency in understanding the agreement. References to the plural include the singular and vice versa, meaning that if a term is used in its plural form, it also encompasses the singular form, and the reverse is also true.
References to any person include that person's successors and assigns, but only if such successors and assigns are permitted by the agreement. This means that the obligations and rights extend not only to the original party but also to any successors or assigns who are allowed under the agreement's terms. References to one gender include all genders, ensuring that the agreement is gender-neutral in its interpretation.
The term "including" is not limiting, indicating that the examples provided are not exhaustive. The term "or" has the inclusive meaning represented by the phrase "and/or," meaning that it can refer to one, the other, or both options. These interpretations are designed to prevent ambiguity and ensure that all parties understand their rights and obligations under the All Team franchise agreement.
These clauses are standard in franchise agreements to clarify potential ambiguities and ensure consistent interpretation across all franchisees. Prospective All Team franchisees should carefully review these definitions to fully understand their implications.