In the Ben Jerrys franchise agreement, how is the term 'including' defined?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the term "including" is explicitly defined within the franchise agreement. Specifically, whenever the term "including" appears in the agreement, it shall be interpreted to mean "including, without limitation," "including, but not limited to," and any variations of these phrases.

This definition has significant implications for a prospective Ben Jerrys franchisee. It means that any list or examples provided in the franchise agreement that use the word "including" are not exhaustive. Ben Jerrys retains the right to add to those lists or examples without needing to formally amend the agreement.

For example, if the agreement lists certain required equipment for the Ben Jerrys shop "including" freezers and ice cream machines, Ben Jerrys could later require additional equipment beyond those listed. The franchisee would be obligated to comply, as the initial list was not exhaustive. This clause gives Ben Jerrys broad discretion and flexibility in interpreting and enforcing the franchise agreement, potentially increasing the franchisee's costs and obligations beyond what is initially anticipated. Franchisees should carefully consider this open-ended definition and its potential impact on their business operations and financial planning.