Does Bojangles allow a franchisee to sell the real property lease?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Terms of the Lease that relate to or impact this Addendum may not be modified without Franchisor's prior written consent. The Lease may not be assigned by Franchisee without Franchisor's prior written consent.
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- Franchisee and Landlord acknowledge and agree that Franchisor shall have no liability or obligation whatsoever under the Lease unless and until Franchisor assumes the Lease in writing pursuant to Section 2 or Section 3, above.
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- If Franchisor assumes the Lease, as provided above, Franchisor may, without Landlord's prior consent, further assign the Lease to (a) an affiliate of Franchisor or as part of Franchisor's financing or refinancing of its assets; or (b) to an approved franchisee of Franchisor to operate the Bojangles restaurant at the Premises provided that the following
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, a franchisee is not allowed to assign the lease without prior written consent from Bojangles. Specifically, the lease that the franchisee enters into for their Bojangles restaurant premises cannot be assigned without first getting approval from Bojangles.
This requirement is further reinforced by the fact that the franchisee assigns their rights, title, and interests in the lease to Bojangles upon the termination, expiration, or non-renewal of the Franchise Agreement. However, this assignment only becomes effective if the Franchise Agreement is terminated, not renewed, or expires without renewal, or if Bojangles exercises its option to purchase the restaurant, and Bojangles notifies the franchisee and landlord in writing that it assumes the franchisee's obligations under the lease.
Bojangles also has the right, but not the obligation, to cure any breach of the lease and succeed to the franchisee's rights, title, and interests. If Bojangles assumes the lease, it can further assign the lease to an affiliate or an approved franchisee without the landlord's consent, provided that the proposed franchisee meets Bojangles' requirements and executes a franchise agreement. This ensures that Bojangles maintains control over the location and operation of its restaurants, even in cases of franchise termination or transfer.