What agreement-related defaults must be cleared before a transfer of a Bojangles franchise can be approved?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor's consent to a transfer of any interest in Franchisee, rights to operate the Restaurant, interest in this Agreement or any license or franchise rights granted hereunder shall not constitute a waiver of any claims it may have against the transferring party, nor shall it be deemed a waiver of Franchisor's right to demand exact compliance with any of the terms of this Agreement by the transferee.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
The 2025 Bojangles Franchise Disclosure Document does not explicitly state what agreement-related defaults must be cleared before a transfer of a Bojangles franchise can be approved. However, the document does state that the transfer of any interest in the franchise, rights to operate the restaurant, or interest in the agreement is subject to certain conditions.
Specifically, the FDD indicates that Bojangles's consent to a transfer does not constitute a waiver of any claims it may have against the transferring party, nor does it waive Bojangles's right to demand exact compliance with the terms of the agreement by the transferee. This suggests that any existing defaults or failures to comply with the franchise agreement by the current franchisee could potentially impact the approval of a transfer.
To gain a comprehensive understanding of the specific defaults that must be cleared, a prospective franchisee should directly ask Bojangles for clarification on the conditions for transfer approval. This inquiry should specifically address what outstanding obligations or uncured defaults would prevent the franchisor from approving a transfer.