How is the word 'including' interpreted in the All Team agreement?

According to All Team's 2025 Franchise Disclosure Document, the word "including" in the franchise agreement is interpreted as "without limitation." This means that when the word "including" is used, the examples or items listed are not exhaustive. There may be other items or considerations that also apply, even if they are not specifically mentioned. This broad interpretation can have significant implications for an All Team franchisee.

For example, when defining "Permanent Placement Gross Billings," the agreement states it includes receipts from job placements, recruiting, conversions of temporary employment and any other similar function or related business, less any Customer Adjustments. Because "including" is not limiting, other types of receipts could also be included in gross billings. This could affect the royalties that All Team franchisees must pay, as these are often calculated as a percentage of gross billings.

Similarly, the definition of "Proceeds" includes whatever is received upon the sale, exchange, collection or other disposition of any property in which Debtor grants Secured Party a security interest and includes insurance payments. The definition is not limited to only these items. This interpretation ensures that the agreement is flexible and can adapt to unforeseen circumstances or new business practices. Franchisees should be aware of this broad interpretation and seek clarification from All Team regarding any specific situations where they are unsure whether something is included, especially where financial obligations are concerned.