How are the words 'include' and 'including' interpreted in the Focalpoint Coaching franchise agreement?

According to Focalpoint Coaching's 2025 Franchise Disclosure Document, the terms "include" and "including" are interpreted broadly within the franchise agreement. Specifically, these words are meant to be illustrative rather than exhaustive. This means that when these terms are used, they should be understood as "including, without limitation" or "including but not limited to."

For a prospective Focalpoint Coaching franchisee, this interpretation has significant implications. It means that any list or examples provided in the agreement that use the words "include" or "including" are not intended to be a complete or exclusive list. Focalpoint Coaching retains the right to add to or modify those lists as they see fit.

This broad interpretation protects Focalpoint Coaching from being limited to only the items specifically listed in the agreement. However, it also introduces a degree of uncertainty for the franchisee, as they may be subject to additional requirements or obligations that are not explicitly detailed in the franchise agreement. Franchisees should seek clarification from Focalpoint Coaching regarding any potential additions or modifications to ensure they fully understand their obligations under the agreement.