In the Beem Light Sauna franchise agreement, do the headings affect the meaning or construction of the provisions?
Beem_Light_Sauna Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.5 Construction. The headings in this Agreement are for convenience of reference and are not a part of this Agreement and will not affect the meaning or construction of any of its provisions. Unless otherwise specified, all references to a number of days shall mean calendar days and not business days. The words "include," "including," and words of similar import shall be interpreted to mean "including, but not limited to" and the terms following such words shall be interpreted as examples of, and not an exhaustive list of, the appropriate subject matter.
Source: Item 23 — RECEIPT (FDD pages 71–230)
What This Means (2025 FDD)
According to the 2025 Beem Light Sauna Franchise Disclosure Document, the headings used in the franchise agreement are for reference purposes only and do not impact the interpretation or construction of any provision within the agreement. This is a fairly standard clause in franchise agreements.
This means that if there's any ambiguity or dispute about the meaning of a particular section, the actual text of the provision will be the deciding factor, not the heading it falls under. Franchisees should therefore focus on understanding the substance of each clause, rather than relying on the headings to summarize or interpret the provisions.
Beem Light Sauna franchisees should carefully review the entire agreement and seek legal counsel to fully understand their rights and obligations, as the headings are not designed to provide a comprehensive or legally binding summary of the agreement's contents.