What is the meaning of 'including' in the Cicis Franchise Agreement, unless otherwise noted?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
The term "your Restaurant" includes all of the assets of your Restaurant you operate under this Agreement, including its revenue and the Lease.
An "affiliate" of any entity is an entity that controls, is controlled by, or is under common control with such entity. "Including" means "including, without limitation" unless otherwise noted where it appears. "Business day" means any day other than Sunday or any other day which is a national holiday or banking holiday.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to the 2025 Cicis Franchise Disclosure Document, the term 'including' means 'including, without limitation' unless specifically stated otherwise within the agreement. This definition clarifies that when the word 'including' is used, it serves as an open-ended example rather than a restrictive list.
For a prospective Cicis franchisee, this means that any list following the word 'including' in the Franchise Agreement should be interpreted as non-exhaustive. For example, if a clause states 'including costs such as rent and utilities,' the franchisee should understand that they may be responsible for other costs beyond just rent and utilities.
This definition protects Cicis by ensuring that the franchisee cannot argue that their obligations are limited only to the specific items listed after the word 'including.' Franchisees should carefully review the entire Franchise Agreement and seek legal counsel to fully understand their obligations and potential financial responsibilities, as this definition broadens the scope of many clauses within the agreement.