In the Hck Hot Chicken Development Agreement, does the use of 'include' have an exclusive meaning?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
"Authorized Franchisor Products" means the specific foods products, sauces, marinades and beverages and other food items and ancillary related products, which may include books, cups, coolers, hats, t-shirts and novelty items, as specified by Franchisor from time to time in the HCK Hot Chicken Brand Standards Manual, or as otherwise directed by Franchisor in writing, for sale at the Restaurants , prepared, served, sold and/or manufactured in strict accordance with Franchisor's recipes, Standards and specifications, including specifications as to ingredients, brand names, preparation and presentation.
Source: Item 23 — RECEIPTS (FDD pages 55–245)
What This Means (2025 FDD)
Based on the 2025 Hck Hot Chicken Area Development Agreement, the term "include" is used to provide examples or to clarify the scope of certain definitions, but it does not appear to limit those definitions to only the listed items. This means that when something is said to "include" certain items, there may be other unlisted items that also fall under that category.
For example, the definition of "Authorized Franchisor Products" includes specific foods, sauces, beverages, and other food items, as well as ancillary related products like books, cups, hats, and t-shirts. The use of "include" here suggests that Hck Hot Chicken could add other items to the list of authorized products beyond those specifically mentioned.
This non-exclusive interpretation of "include" gives Hck Hot Chicken flexibility in defining and modifying various aspects of the franchise system. However, it also means that as an Area Developer, you need to stay informed about any changes or additions that Hck Hot Chicken makes, as these could impact your operations and product offerings. It would be prudent to seek clarification from Hck Hot Chicken regarding how they interpret and apply the term "include" in the context of the Development Agreement to fully understand your rights and obligations.