In the Brueggers Bagels agreement, what meaning is given to the word 'shall'?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
The word "shall" as used in this Agreement is used as a command.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels' 2025 Franchise Disclosure Document, the word "shall" is interpreted as a command within the franchise agreement. This means that when the word "shall" is used, it indicates an obligation or requirement that the franchisee or franchisor must fulfill.
This definition is important for a prospective Brueggers Bagels franchisee because it clarifies the binding nature of the terms and conditions outlined in the agreement. Any instance where "shall" is used signifies a mandatory action or compliance measure. For example, if the agreement states, "the Franchisee shall maintain the premises in a clean and orderly condition," it means the franchisee is obligated to keep the bakery clean and organized.
Understanding this definition helps franchisees to fully grasp their responsibilities and the franchisor's commitments, reducing potential misunderstandings or disputes. It ensures that both parties are clear on what is expected of them throughout the duration of the franchise agreement. This is a fairly standard clause in franchise agreements to ensure clarity and avoid ambiguity in contractual obligations.