When the term 'including' appears in the Ben Jerrys Franchise Agreement, how should it be interpreted?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the term "including" in the Franchise Agreement is interpreted broadly. Specifically, whenever the term "including" is used, it should be understood to mean "including, without limitation," "including, but not limited to," and any variations of these phrases.

This means that any list or examples provided after the word "including" are not exhaustive. Ben Jerrys can add other items or conditions that are not specifically listed, but still fall under the general category being described. This gives Ben Jerrys flexibility in interpreting and enforcing the agreement.

For a prospective franchisee, this clause implies that they should be prepared for potential obligations or requirements beyond those explicitly stated in the agreement. It is important to seek clarification from Ben Jerrys regarding any ambiguous terms and to understand the full scope of their responsibilities. Franchisees should also consult with legal counsel to fully understand the implications of this clause and how it might affect their rights and obligations under the agreement.