Under the Body20 franchise agreement, how are the words 'include' and 'including' interpreted?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
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, the terms "include" and "including" are interpreted broadly within the franchise agreement. Specifically, these terms are understood to mean "including, but not limited to." This means that any list or examples provided following these words are not exhaustive.
For a prospective Body20 franchisee, this interpretation has significant implications. It means that when the franchise agreement lists certain obligations, requirements, or examples, those lists are not necessarily complete. Body20 retains the right to add to those lists, and franchisees are expected to comply with any additional requirements that fall under the general category being described.
This type of clause is common in franchise agreements to provide flexibility for the franchisor. However, it also introduces a degree of uncertainty for the franchisee, as they must be prepared for potential changes or additions to their obligations throughout the term of the agreement. Franchisees should seek clarification from Body20 regarding the scope of these open-ended clauses and factor this potential for change into their business planning.