In the Face Foundrie agreement, are paragraph headings intended to affect the meaning or construction of any provision?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.13 Counterparts; Paragraph Headings; Pronouns. This Agreement may be executed in any number of counterparts, all of which when taken together shall constitute one and the same instrument. All captions and paragraph headings in this Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. Each pronoun used herein shall be deemed to include the other number of genders.
Source: Item 23 — RECEIPTS (FDD pages 74–257)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the captions and paragraph headings within the agreement are solely for the convenience of the parties involved and will not affect the interpretation or meaning of any provision within the agreement. This is a fairly standard clause in franchise agreements.
This means that if there's a dispute over the interpretation of a clause, neither Face Foundrie nor the franchisee can argue that the heading of the paragraph should influence how the clause is understood. The substance of the text within each section will be the determining factor.
Prospective Face Foundrie franchisees should focus on the actual wording of the agreement's provisions, rather than relying on the headings to understand their rights and obligations. It is advisable to seek legal counsel to review the entire agreement and clarify any ambiguities or concerns before signing.