In the Bath Tune Up agreement, does the term 'including' have a limiting effect?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
The verb "to include" (in all its tenses and variations, such as "including) is always used in a nonexclusive sense (as if followed by one of the phrases "without limitation" or "but not limited to). The failure to list a particular example after a variation of the word "including" is not to be construed as an indication that the example is excluded.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, the term 'including' is not intended to be limiting within the franchise agreement. Instead, it is used in a nonexclusive sense. This means that any examples provided after the word 'including' are illustrative and do not restrict the scope to only those listed items.
For a prospective Bath Tune Up franchisee, this is a beneficial clause. It provides clarity that the examples listed are not exhaustive. This interpretation prevents misunderstandings or disputes over whether something is excluded simply because it wasn't specifically mentioned after the word 'including'.
This clause is a standard legal practice to ensure that contracts are interpreted broadly and reasonably, reflecting the parties' intentions rather than being restricted by a narrow interpretation of specific examples. Bath Tune Up aims to avoid limiting the scope of provisions by using 'including' in a way that suggests an open-ended list.