Does the Buona franchise agreement consider headings of sections and paragraphs as affecting the meaning or construction of any provision?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
- 13.2 Severability; Construction**.** The provisions of this Agreement are deemed to be severable. The parties agree that each provision of this Agreement will be construed as independent of any other provision of this Agreement. All headings of the various Sections and Paragraphs of this Agreement are for convenience only and do not affect the meaning or construction of any provision. All references in this Agreement to masculine, neuter or singular usage will be construed to include the masculine, feminine, neuter or plural, wherever applicable.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, the headings of sections and paragraphs within the franchise agreement are for convenience only and do not impact the interpretation of any provision. This means that if there's a dispute over the meaning of a clause, the courts will look at the actual text of the provision itself, not the heading used to label it.
This is a fairly standard clause in franchise agreements. It ensures that the substance of the agreement prevails over potentially misleading or ambiguous headings. Franchisees should therefore focus on understanding the detailed wording of each section rather than relying on the headings as summaries.
For a prospective Buona franchisee, this means you should not make assumptions about the content of a section based solely on its heading. Always read the full text of each provision carefully to understand your rights and obligations. If anything is unclear, seek legal advice to ensure you fully understand the implications of the agreement.