How is the word 'including' construed in the Ben Jerrys franchise agreement?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the word "including" in the franchise agreement is construed to mean "without limitation." This means that when the word "including" is used in the agreement, the items listed are examples and not an exhaustive list. Ben Jerrys reserves the right to expand the scope of what is included beyond the specific examples provided.

For a prospective Ben Jerrys franchisee, this is important because it means that their obligations and the scope of the agreement may be broader than what is explicitly listed. Franchisees should be aware that Ben Jerrys has the ability to interpret "including" in a way that expands their responsibilities or limits their rights. This clause provides Ben Jerrys with flexibility in enforcing the agreement and adapting to changing circumstances.

This interpretation is fairly standard in legal agreements, as it provides clarity and prevents parties from arguing that only the listed items are covered. However, franchisees should carefully review the entire agreement and seek legal counsel to fully understand the implications of this clause and how it may affect their specific situation. Understanding this definition is crucial for franchisees to anticipate potential future obligations or restrictions that may arise during the term of the franchise agreement.