What does a reference to 'this agreement' mean in the context of the Bevaris Alliance agreement?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
A person includes a natural person, partnership, company, or corporate or unincorporated body whether or not having separate legal personality.
- 1.4 The Schedules form part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules.
- 1.5 A reference to a company shall include any company, corporation, or other body corporate, wherever and however incorporated or established.
- 1.6 Words in the singular shall include the plural and vice versa.
- 1.7 A reference to one gender shall include a reference to the other genders.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, a reference to "this agreement" includes the schedules and any variations or updates to the agreement. Specifically, the agreement encompasses the terms and conditions outlined within the core document and all supplementary schedules that are integral to it. These schedules are considered part of the agreement as if they were fully detailed within the main body.
This definition is important because it clarifies that all components of the franchise agreement, including any schedules, are legally binding. Franchisees must understand that the schedules are not merely appendices but carry the same weight as the main clauses of the agreement. This includes schedules that might detail specific obligations, standards, or requirements related to operating the Bevaris Alliance franchise.
Furthermore, the definition extends to any modifications or updates made to the agreement over time, provided these changes are implemented in accordance with the agreement's provisions. This ensures that the agreement remains current and reflects any necessary adjustments to the Bevaris Alliance franchise system. However, any changes that breach the original terms of the agreement are not included in this definition.
For a prospective Bevaris Alliance franchisee, this means carefully reviewing not only the main body of the franchise agreement but also all attached schedules. Understanding how the agreement may be modified over time is also crucial, as franchisees will be bound by these changes. Paying close attention to these details can help avoid misunderstandings and ensure compliance with all contractual obligations.