What actions is a Bojangles franchisee required to take to present themselves as an independent contractor?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
The parties agree that Franchisor shall not be deemed a joint employer with Franchisee for any reason.
If Franchisor incurs any cost, expense, loss, or damage as a result of any actions or omissions of Franchisee or Franchisee's employees, including any that relate to any party making a finding of any joint employer status, Franchisee will fully indemnify Franchisor for such cost, expense, loss, or damage.
Franchisee shall take such steps as are necessary to ensure that its employees preserve good customer relations, wear uniforms of such color, design and other specifications as Franchisor may designate from time to time, present a neat and clean appearance, and render competent and courteous service to Restaurant customers.
- H.
Franchisee shall meet and maintain the highest health standards and ratings applicable to the operation of the Restaurant.
- I.
To insure that the highest degree of quality, cleanliness, appearance, and service is maintained, Franchisee shall operate the Restaurant in strict conformity with such methods, standards, and specifications as Franchisor may from time to time prescribe in the Manual or otherwise in writing.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the franchisee must take necessary steps to ensure their employees maintain good customer relations, wear designated uniforms, present a neat and clean appearance, and provide competent and courteous service to customers. The franchisee is also required to meet and maintain the highest health standards and ratings applicable to the restaurant's operation. Furthermore, the franchisee must operate the restaurant in strict conformity with the methods, standards, and specifications prescribed by Bojangles in the manual or in writing to maintain quality, cleanliness, appearance, and service.
Bojangles also states that they will not be deemed a joint employer with the franchisee for any reason. The franchisee is responsible for indemnifying Bojangles for any costs, expenses, losses, or damages resulting from the franchisee's or their employees' actions or omissions, including those related to any finding of joint employer status.
These stipulations emphasize the importance of the franchisee's role in maintaining brand standards and managing their employees in a way that reflects positively on the Bojangles system. By adhering to these guidelines, the franchisee operates as an independent entity while upholding the franchisor's brand reputation and operational standards. This also protects Bojangles from potential liabilities related to employment matters at the franchise level.