factual

Does the Bevaris Alliance agreement limit the sense of preceding words when using 'including'?

Bevaris_Alliance Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 1.16 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

Source: Item 23 — RECEIPT (FDD pages 22–88)

What This Means (2024 FDD)

According to the 2024 Bevaris Alliance Franchise Disclosure Document, the franchise agreement clarifies the interpretation of terms like "including." Specifically, any phrase introduced by the terms “including, include, in particular” or any similar expression, is to be construed as illustrative and does not limit the scope of the words that come before those terms.

For a prospective Bevaris Alliance franchisee, this means that when the agreement uses the word "including," it's providing examples, but the examples aren't meant to be an exhaustive list. The preceding words should be interpreted broadly. This clause prevents franchisees from arguing that something is excluded simply because it wasn't specifically listed after the word "including."

This type of clause is common in franchise agreements to ensure flexibility and prevent loopholes. Franchise agreements need to cover a wide range of potential situations, and it's impossible to list every single possibility. By stating that "including" is illustrative, Bevaris Alliance maintains the ability to adapt the franchise system as needed without being constrained by a narrow interpretation of the agreement.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.