In the Body20 franchise agreement, what is the meaning of references to a number of days, unless otherwise specified?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.5 Construction. The headings in this Agreement are for convenience of reference and are not a part of this Agreement and will not affect the meaning or construction of any of its provisions. Unless otherwise specified, all references to a number of days shall mean calendar days and not business days. The words "include," "including," and words of similar import shall be interpreted to mean "including, but not limited to" and the terms following such words shall be interpreted as examples of, and not an exhaustive list of, the appropriate subject matter.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, any reference to a number of days within the franchise agreement signifies calendar days, not business days, unless explicitly stated otherwise. This is a standard clause to ensure clarity and avoid potential disputes over deadlines or timeframes. This means that weekends and holidays are included when calculating deadlines or time periods mentioned in the agreement.
For a prospective Body20 franchisee, this is an important distinction to keep in mind. For example, if the franchise agreement states that a franchisee has 10 days to respond to a notice from Body20, those 10 days include weekends and holidays. Failing to meet a deadline because of a misunderstanding about whether the timeframe includes all days could result in penalties or even a breach of contract.
This type of clause is common in franchise agreements to provide a clear and unambiguous understanding of time-related obligations. Franchisees should carefully review all time-sensitive requirements in the Body20 franchise agreement, noting that 'days' typically means calendar days, to ensure they meet all obligations within the specified timeframes.