factual

How are the words 'include,' 'includes,' or 'including' used in the Dog Haus franchise agreement?

Dog_Haus Franchise · 2025 FDD

Answer from 2025 FDD Document

All terms used in any one number or gender shall extend to mean and include any other number and gender as the facts, context, or sense of this Agreement or any Article or Section in this Agreement may require.

As used in this Agreement, the words "include," "includes" or "including" are used in a non-exclusive sense.

Source: Item 22 — CONTRACTS (FDD page 87)

What This Means (2025 FDD)

According to Dog Haus's 2025 Franchise Disclosure Document, the terms "include," "includes," or "including" are used in a non-exclusive sense within the franchise agreement. This means that when these words are used to list examples or components, the list is not exhaustive. There may be other items or elements that are also part of the subject being discussed, even if they are not specifically mentioned. This interpretation is important for franchisees to understand the scope of their obligations and the franchisor's rights.

For example, if the franchise agreement states that the Dog Haus System includes certain operational procedures, this does not limit the system to only those procedures. Dog Haus could introduce new procedures or modify existing ones, and these would also be considered part of the Dog Haus System. Similarly, if the agreement specifies that the Dog Haus Marks include certain logos and designs, Dog Haus retains the right to add new marks or modify existing ones, and the franchisee would be obligated to use them.

This non-exclusive usage provides Dog Haus with flexibility in managing and evolving the franchise system. However, it also places a responsibility on franchisees to stay informed about any changes or additions to the system, marks, or other aspects of the franchise. Franchisees should maintain open communication with Dog Haus to ensure they are fully aware of their obligations and rights under the franchise agreement. This clause is a standard legal practice to avoid restrictive interpretations that could hinder the franchisor's ability to adapt and improve the franchise system.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.