According to the Bojangles franchise agreement, who is required to lease each restaurant?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- H. Each Restaurant shall be leased by Developer, and the lease of each Restaurant shall provide the following provisions:
Lessor shall provide to Bojangles Opco, LLC ("Franchisor") copies of any notices sent to Lessee, including any notice of default. In the event of a default by Lessee and notice to Lessee and Franchisor of such default by Lessee, Franchisor may, but shall not be required to, cure Lessee's default on the same terms and conditions permitted Lessee under the Lease. In the event Franchisor notifies Lessee that Lessee is in default under provisions of its Franchise Agreement and that the Franchise Agreement has been terminated, Lessor will permit the assignment of the Lease to Franchisor without requiring further consent of Lessor; provided that if Franchisor then assumes Lessee's obligations under the Lease Franchisor shall promptly notify Lessor. Nothing herein shall be construed to require Franchisor to assume the obligations of Lessee under the Lease. Franchisor may enforce these provisions as a third party beneficiary under the Lease. Lessor shall not amend or delete these provisions from the Lease without Franchisor's written consent.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the franchisee or developer is required to lease each restaurant location. Specifically, the lease of each Bojangles restaurant must include provisions that allow Bojangles Opco, LLC (the franchisor) to receive copies of any default notices sent to the franchisee.
Furthermore, in the event of a default by the franchisee, Bojangles has the option, but not the obligation, to cure the default under the same terms and conditions as the franchisee. If Bojangles terminates the Franchise Agreement due to the franchisee's default, the landlord must permit the assignment of the lease to Bojangles without requiring further consent. However, Bojangles is not required to assume the franchisee's obligations under the lease.
These lease provisions are designed to protect Bojangles's interests by ensuring they are informed of any issues with the lease and have the ability to take over the lease if necessary to maintain the operation of the restaurant. The franchisee is responsible for securing a lease that includes these provisions, unless Bojangles waives this requirement in writing.