In the Christian Brothers Automotive agreement, what happens if a capitalized term is not defined in this agreement?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
- (g) Captions. The captions in this Agreement are solely for the convenience and for the purpose of referencing sections, in no way do the captions define, limit, describe or construe the contents of such sections or the intent or scope of this Agreement or any part thereof.
Source: Item 22 — CONTRACTS (FDD page 76)
What This Means (2025 FDD)
Based on the 2025 Christian Brothers Automotive Franchise Disclosure Document, the franchise agreement includes a section addressing the meaning of captions within the agreement. According to this section, the captions used in the agreement are strictly for convenience and reference purposes.
Specifically, the captions are designed to help with navigation by referencing different sections of the agreement. However, these captions do not play a role in defining, limiting, or describing the contents of those sections.
Furthermore, the captions should not be used to interpret the intent or scope of the agreement as a whole, or any specific part of it. This means that if a term is capitalized but not explicitly defined, franchisees should not rely on the caption of a section to determine its meaning. Instead, they should look to the body of the agreement itself for clarification. This ensures that the substantive content of the agreement, rather than potentially misleading headings, governs the understanding of the terms.