Does the Bens Soft Pretzels Sublease allow for cumulative interpretation of specific enumerations?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 6.3 References to Number. Whenever the context hereof requires, references herein made to the singular number shall be understood as including the plural, and likewise the plural shall be understood as denoting the singular and specific enumeration shall not exclude the general but shall be considered as cumulative.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the Sublease agreement includes a clause addressing references to number. Specifically, it states that whenever the context requires, references to the singular number include the plural, and vice versa. More importantly, the document states that specific enumeration does not exclude the general but is considered cumulative.
For a prospective Bens Soft Pretzels franchisee, this means that the terms of the Sublease should be interpreted broadly. For example, if a section lists specific obligations, this clause suggests that those specific items are not the only obligations; general or related obligations may also apply. This prevents a franchisee from arguing that only the explicitly listed items are binding.
This type of clause is relatively standard in legal agreements to ensure comprehensive coverage and prevent loopholes. However, franchisees should carefully review the entire Sublease agreement with legal counsel to fully understand their obligations and how this cumulative interpretation might affect their rights and responsibilities.