According to the Bojangles franchise agreement, how can the agreement be amended or modified?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
As an inducement to BOJANGLES OPCO, LLC ("Franchisor") to execute the Individual Franchise Agreement ("Agreement"), to which this Guarantee is attached, the undersigned, jointly and severally, hereby agree to be individually bound by all the terms and conditions of the Agreement including any amendments thereto whenever made and unconditionally guarantee to Franchisor and its successors and assigns the payment of all liabilities incurred by Franchisee at any time.
Sixty (60) days after any default of Franchisee under Paragraphs XV.A. or XV.B. of the Agreement, or ninety (90) days after a default by Franchisee which is not cured under Paragraph XV.C. of the Agreement, the undersigned will immediately make payment of any liabilities previously incurred by Franchisee. Without affecting the obligations of the undersigned under this Guarantee, Franchisor may, without notice to the undersigned, extend, modify, or release any indebtedness or obligation of Franchisee, or settle, adjust, or compromise any claims against Franchisee. The undersigned waive notice of amendment of the Agreement and notice of demand for payment and performance by Franchisee.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to the 2025 Bojangles Franchise Disclosure Document, the franchise agreement can be amended through addenda, guarantees, and modifications with written consent, depending on the specific agreement type and circumstances. For instance, franchisees in certain states like Minnesota and New York receive addenda that modify specific sections of the standard franchise agreement to comply with local laws. These addenda become integral parts of the franchise agreement upon execution.
Additionally, the guarantee attached to the Individual Franchise Agreement stipulates that the guarantor is bound by all terms and conditions of the agreement, including any amendments made. Bojangles may also modify the franchisee's obligations without notice to the guarantor, without affecting the guarantor's obligations. Furthermore, the Landlord Addendum specifies that terms of the lease impacting the addendum cannot be modified without Bojangles' prior written consent, providing another avenue for modification.
Bojangles also uses addenda to specify supplier relationships, such as the exclusive beverage supplier. These addenda state that their terms control in case of conflict with the franchise agreement, and any breach of the addendum is considered a default under the franchise agreement. Finally, for renewal agreements, addenda may incorporate specific state laws, such as those in Rhode Island, which prevent the application of laws from other states, further demonstrating how the franchise agreement can be modified to adapt to specific legal requirements.