factual

Does the Bojangles agreement specify that each covenant is independent of other provisions?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

The parties agree that each of the foregoing covenants shall be construed as independent of any other covenant or provision of this Agreement.

Source: Item 23 — RECEIPTS (FDD pages 82–573)

What This Means (2025 FDD)

According to the 2025 Bojangles Franchise Disclosure Document, the franchise agreement specifies that each covenant within the agreement is to be considered independent of any other covenant or provision. This means that if one part of the agreement is found to be unenforceable or is modified, it does not automatically affect the validity or enforceability of the other covenants. This independence clause provides clarity and legal standing for each individual aspect of the agreement.

For a prospective Bojangles franchisee, this clause offers a degree of protection and predictability. If a dispute arises over one particular covenant, the remaining parts of the agreement still hold, unless otherwise determined. This can be beneficial in maintaining the overall structure and obligations outlined in the franchise agreement.

It's important for franchisees to understand that while the covenants are independent, they are all part of the same agreement and contribute to the overall relationship between the franchisee and Bojangles. Franchisees should seek legal counsel to fully understand the implications of each covenant and how they function independently and collectively within the franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.