factual

In the Eos Worldwide franchise agreement, does a reference to any gender include each other gender?

Eos_Worldwide Franchise · 2025 FDD

Answer from 2025 FDD Document

15.7 OPERATION AND TRANSFERS UPON DEATH, DISABILITY OR OTHER EXTRAORDINARY
CIRCUN MSTANCES.
15.8 EFFECT OF CONSENT TO TRANSFER. 38
15.9 WAIVER OF INTERFERENCE CLAIMS. 39
16. RESTRICTIVE COVENANTS. 39
16.1 CONFIDENTIAL INFORMATION. 39
16.2 RESTRICTIONS ON USE. 40
16.3 MANDATORY REQUESTS FOR INFORMATION. 40
16.4 RETURN 40
16.5 DURING TERM - COMPETITIVE ACTIVITIES. 40
16.6 POST-TERM COMPETITIVE ACTIVITIES. 41
16.7 NON-DISPARAGEMENT 41
16.8 EQUITABLE RELIEF. 42
16.9 EXTENSION OF TIME PERIOD. 42
16.10 MODIFICATION OF PROVISION. 42
17. TERMINATION. 42
17.1 By Franchisee. 42
17.2 By Franchisor - Non-Curable Defaults. 43
17.3 By Franchisor - Curable Breaches. 44
17.4 CROSS DEFAULTS, NON-EXCLUSIVE REMEDIES, ETC. 45
17.5 RIGHTS UPON DEFAULT 45
17.6 OBLIGATIONS UPON TERMINATION/EXPIRATION. 45
17.7 RIGHT TO PURCHASE ASSETS. 46
18. NOTICES 46
19. BUSINESS ENTITY 47
20. DISPUTE RESOLUTION. 48
20.1 GOVERNING LAW. 48
20.2 JURISDICTION 48
20.3 INTERNAL DISPUTE RESOLUTION.
20.4 MEDIATION
20.5 ARBITRATION
20.6 INJUNCTIVE RELIEF.
20.7 THIRD PARTY BENEFICIARIES.
20.8 PRIOR NOTICE OF CLAIMS. 50
20.9 CUMULATIVE REMEDIES.
20.10 WAIVER OF PUNITIVE DAMAGES.
20.11 LIMITATIONS OF CLAIMS.
20.12 WAIVER OF JURY TRIAL
20.13 WAIVER OF CLASS ACTIONS.
20.14 ARBITRATION/LITIGATION EXPENSES 51
21. MISCELLANEOUS.
21.1 SEVERABILITY.
21.2 WAIVERS
21.3 ENTIRE AGREEMENT
21.4 COUNTERPARTS.
21.5 TIMING _
21.6 MULTI-STATE ADDENDUM
21.7 CONSTRUCTION
21.8 FURTHER ASSURANCES.
21.9 COMPLIANCE WITH ANTI-TERRORISM LAWS
21.10 SURVIVAL.
21.11 NOTICE OF POTENTIAL FRANCHISOR AND AFFILIATE PROFIT
21.12 FORCE MAJEURE.
21.13 Interpretation.
21.14 CURRENCY.
21.15 ACKNOWLEDGMENT 55

Exhibit A – Form of General Release Exhibit B – Multi-State Addenda Exhibit

Source: Item 23 — RECEIPTS (FDD pages 74–246)

What This Means (2025 FDD)

Based on the 2025 Eos Worldwide Franchise Disclosure Document, the franchise agreement uses terms like "we," "us," "our," or "Franchisor" to refer to Eos Worldwide Franchising, LLC, and "you," "your," or "Franchisee" to refer to the franchisee. However, the document does not explicitly state whether references to one gender include all genders.

Without a specific clause addressing gender references, there could be potential ambiguity in interpreting the agreement. For instance, if a clause refers to "him," it's unclear whether this implicitly includes "her" as well. This lack of clarity could lead to uncertainty in various aspects of the franchise relationship and the franchisee's obligations.

A prospective Eos Worldwide franchisee should seek clarification from the franchisor regarding the interpretation of gender-specific pronouns and terms within the franchise agreement. It would be prudent to request a written statement or addendum confirming that all gender references are intended to encompass all genders to avoid any potential misunderstandings or disputes in the future.

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.
All Eos_Worldwide 2025 FAQs Ask FDD Ninja