Does the Bojangles addendum supersede any other term of any document executed in connection with the franchise if it involves waiving claims under state franchise law or disclaiming reliance on statements made by the franchisor?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, any statement, questionnaire, or acknowledgment signed by a franchisee regarding the commencement of the franchise relationship cannot waive claims under state franchise law, including fraud, or disclaim reliance on statements made by Bojangles or its representatives. This provision takes precedence over any conflicting terms in any document related to the franchise agreement. This protection applies to all franchisees, regardless of location, as it is a standard clause in the franchise agreement.
This means that even if a franchisee signs a document that appears to waive their rights or disclaim reliance on statements made by Bojangles, that document will not be enforceable to the extent that it violates state franchise laws or disclaims reliance on franchisor statements. This is a significant protection for franchisees, as it prevents Bojangles from using fine print or other contractual language to shield itself from liability for misrepresentations or violations of state law.
For a prospective Bojangles franchisee, this clause offers assurance that their legal rights under state franchise laws are protected and cannot be inadvertently waived through standard paperwork. It ensures that franchisees can hold Bojangles accountable for their representations and actions during the franchise sales process and throughout the franchise relationship. This provision aims to create a fairer balance of power between the franchisor and franchisee, safeguarding the franchisee's ability to seek legal recourse if necessary.