How are the words 'include,' 'includes,' and 'including' interpreted in the Face Foundrie agreement?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
The words "include," "includes" and "including" when used in this Agreement will be interpreted as if they were followed by the words "without limitation".
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the terms "include," "includes," and "including" are interpreted as if they are followed by the words "without limitation." This means that when these words are used in the Franchise Agreement, the items or concepts listed after them are examples and not an exhaustive list. Face Foundrie retains the right to add to the list of items or concepts.
For a prospective Face Foundrie franchisee, this clause broadens the scope of the agreement. For example, when the agreement lists services "including" facials and waxing, Face Foundrie is not limited to only those services. They can introduce new services that the franchisee would also be obligated to offer.
This interpretation protects Face Foundrie by allowing flexibility and growth of the franchise system. However, it also places a responsibility on the franchisee to stay updated with any new additions or changes made by Face Foundrie, as these will automatically fall under the scope of their obligations.