How is the term 'including' interpreted within the Clean Your Dirty Face franchise agreement?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
- attracting customers for your Business will require you to make consistent marketing efforts in your community in accordance with our System Standards (as defined in Section 4.C), which may include media advertising, direct mail advertising and networking, online and social media marketing, and display and use of promotional materials:
- retaining customers for your Business will require you to have high (4) standards of quality and service;
- our officers, directors, employees, and agents act only as representatives of us, and not as individuals, and that business dealings between you and them as a result of this Agreement are deemed to be only between you and us;
- to induce our entry into this Agreement, you have represented to us that all statements you have made and all materials you have given us are accurate and complete and that you have made no misrepresentations or material omissions in obtaining the franchise:
- we have the right to restrict your sources of goods and services, as provided in various sections of this Agreement, including Section 8.D below;
- you have a sufficient net worth to make the investment in this franchise opportunity, and you will continue to have sufficient funds to meet all of your obligations under this Agreement.
Source: Item 22 — CONTRACTS (FDD page 54)
What This Means (2025 FDD)
Based on the 2025 Clean Your Dirty Face Franchise Disclosure Document, the franchise agreement uses the term "including" in several contexts related to the franchisee's obligations and the franchisor's rights. Specifically, Section 4.C indicates that marketing efforts may include media advertising, direct mail advertising and networking, online and social media marketing, and display and use of promotional materials. This suggests that Clean Your Dirty Face franchisees are expected to engage in a variety of marketing activities to attract customers, and the listed examples are not exhaustive.
System Standards outlined in Section 8.A cover a wide array of operational aspects, including accepting various payment methods, managing online presence, bookkeeping, and reporting. The use of "including" in this section implies that Clean Your Dirty Face has the authority to set standards for these listed aspects, as well as other unlisted elements critical to maintaining the brand's image and operational efficiency.
Prospective Clean Your Dirty Face franchisees should understand that the examples provided with "including" are illustrative but not exhaustive. The franchisor retains the right to modify and add to these standards and expectations, potentially requiring additional investment or operational changes. Therefore, it is important for franchisees to maintain open communication with the franchisor and stay informed about any updates to the System Standards to ensure compliance and maintain the quality and goodwill of the Clean Your Dirty Face brand.