Under the B Bops agreement, are the terms 'Company' and 'Developer' affected by gender or number?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
The terms "Company" and "Developer" and any pronoun referring thereto, shall be deemed to include the parties hereto and their respective heirs, executors, administrators, successors and assigns, without regard to gender or number. If there is more than one Developer, they shall be bound jointly and severally. Any reference to the term "Developer" which is applicable to an individual or individuals shall mean the owner or owners of the equity or operating control of Developer if Developer is a corporation or partnership. Except to the extent otherwise expressly set forth herein, nothing in this Agreement is intended, or shall be construed, to confer any rights or remedies upon any person or entity not a party hereto.
Source: Item 23 — RECEIPTS (FDD pages 53–145)
What This Means (2025 FDD)
According to B Bops's 2025 Franchise Disclosure Document, the terms "Company" and "Developer" are not affected by gender or number. The agreement specifies that these terms, along with any pronouns referring to them, include the parties involved and their respective heirs, executors, administrators, successors, and assigns, regardless of gender or number. This means that whether the developer is male, female, or an entity, and whether there is one developer or multiple, the terms of the agreement apply equally.
Furthermore, if there is more than one developer, they are bound jointly and severally, meaning each developer is individually responsible for the full obligations of the agreement as well as collectively responsible. This ensures that B Bops can seek full performance from any one or all of the developers in case of a breach or default. The agreement also clarifies that any reference to "Developer" applies to the owner or owners of the equity or operating control if the Developer is a corporation or partnership.
This clause provides clarity and prevents potential legal challenges based on gender or the number of parties involved. It ensures that the obligations and rights outlined in the agreement are applicable regardless of the composition of the developer entity, whether it's a single individual, a group of individuals, or a corporate entity. This is a standard practice in franchising to ensure that agreements are enforceable and adaptable to various business structures.