According to the Ben Jerrys agreement, how should the term 'including' be interpreted?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the term "including" is interpreted broadly throughout the agreement. Specifically, whenever the term "including" appears, it shall be understood to mean "including, without limitation," or "including, but not limited to," along with any variations of these phrases.

This means that any list or examples provided after the word "including" are not exhaustive. Ben Jerrys retains the right to add other items or conditions that are not specifically listed. This broad interpretation gives Ben Jerrys flexibility in enforcing the agreement and ensures that the franchisee cannot argue that something is excluded simply because it is not explicitly mentioned.

For a prospective Ben Jerrys franchisee, this clause emphasizes the importance of carefully reviewing the entire agreement and understanding that the obligations and responsibilities may extend beyond what is specifically listed. It would be prudent to seek legal counsel to fully understand the implications of this clause and how it might affect the franchisee's operations and relationship with Ben Jerrys.