How are references to masculine, neuter, or singular usage interpreted in the Aw franchise agreement?
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 the 2025 Aw Franchise Disclosure Document, the franchise agreement's references to masculine, neuter, or singular usage should be interpreted to include the masculine, feminine, neuter, or plural, wherever applicable. This means that the terms used in the agreement are not strictly limited to their literal form and can be extended to cover different genders or quantities as the situation requires.
For a prospective Aw franchisee, this clause provides flexibility in interpreting the agreement. It prevents a strict, narrow reading of the contract based on grammatical form. For example, if a clause refers to 'he,' it can also apply to 'she' or 'they' if the franchisee is a female individual or a group. Similarly, if something is referred to in the singular, it can also apply in the plural if the context demands it.
This type of clause is fairly standard in legal agreements to avoid ambiguity and ensure that the agreement can be applied fairly across different situations and types of franchisees. It is important for the franchisee to understand that this clause is in place to ensure that the agreement is not interpreted in an overly technical or restrictive way.