According to the Cicis franchise agreement, what is the meaning of 'including'?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
References in this Agreement to "we," "us," and "our," with respect to all of our rights and all of your obligations to us under this Agreement, include any of our Affiliates with whom you deal. The term "Affiliate" means any person or entity directly or indirectly owned or controlled
by, under common control with, or owning or controlling you or us. "Control" means the power to direct or cause the direction of management and policies. "Including" means "including, without limitation."
Source: Item 23 — RECEIPTS (FDD pages 65–263)
What This Means (2025 FDD)
According to Cicis' 2025 Franchise Disclosure Document, the term 'including' in the franchise agreement means 'including, without limitation.' This definition appears in Item 23, Receipts, within a section that defines several terms related to ownership, control, and affiliations.
For a prospective Cicis franchisee, this definition is crucial because it broadens the scope of any clause where the word 'including' is used. It means that the items or concepts listed after 'including' are examples, but the clause is not limited to only those examples. This has implications for how various obligations and rights are interpreted under the franchise agreement.
For instance, if a clause states that certain fees, 'including' royalty fees and marketing contributions, must be paid, the franchisee should understand that other types of fees might also be included, even if they are not specifically listed. This expansive definition protects Cicis by ensuring that the agreement's provisions are interpreted broadly, potentially encompassing scenarios not explicitly detailed but within the general scope of the clause. Franchisees should carefully review all instances of the word 'including' to fully understand their obligations and the franchisor's rights.