In the Aw franchise agreement, what is the purpose of the headings of the various Sections and Paragraphs?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- 19.2 Severability; Construction. The provisions of this Agreement are deemed to be severable. The parties agree that each provision of this Agreement will be construed as independent of any other provision of this Agreement. All headings of the various Sections and Paragraphs of this Agreement are for convenience only and do not affect the meaning or construction of any provision. All references in this Agreement to masculine, neuter or singular usage will be construed to include the masculine, feminine, neuter or plural, wherever applicable.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, the headings of the various Sections and Paragraphs within the franchise agreement serve a limited purpose. Specifically, these headings are included only for convenience and do not play a role in interpreting the meaning or construction of any provision within the agreement. This means that when questions arise about the interpretation of the agreement's terms, the headings should be disregarded.
This clause ensures that the substance of each section and paragraph, rather than its title, governs its interpretation. Franchisees should focus on the actual text of each provision to understand their rights and obligations. The agreement specifies that each provision should be construed independently of others, further emphasizing the importance of the detailed content over the summary provided by the headings.
For a prospective Aw franchisee, this means you cannot rely on section headings to fully understand your obligations. You must carefully read and understand the complete text of each section and paragraph in the franchise agreement. If there are discrepancies between a heading and the actual content, the content will prevail. It is advisable to seek legal counsel to ensure a complete understanding of the agreement, as the headings are not designed to be a comprehensive guide.