In the Brueggers Bagels agreement, is the word 'including' used in an exclusive or nonexclusive sense?

According to Brueggers Bagels' 2025 Franchise Disclosure Document, the term 'including' is used in a nonexclusive sense within the franchise agreement. This means that when the word 'including' is used, the items or concepts listed are examples and not an exhaustive list. There may be other items or concepts that also apply, even if they are not specifically mentioned.

For a prospective Brueggers Bagels franchisee, this is important because it provides a broader interpretation of the agreement. For example, when the agreement lists examples of what constitutes the 'System', the franchisee should understand that other elements not explicitly listed may also be considered part of the System. This gives Brueggers Bagels flexibility in defining and evolving the System without needing to amend the agreement each time a new element is introduced.

This nonexclusive interpretation is fairly common in franchise agreements, as it allows the franchisor to adapt and update their systems and standards without being strictly limited to the items specifically enumerated in the contract. Franchisees should be aware of this provision and seek clarification from Brueggers Bagels regarding any uncertainties about what is included within a particular definition or obligation.