Does Bojangles assume any liability to the Developer by providing any waiver, approval, consent, or suggestion in connection with the Development Agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Franchisor makes no warranties or guarantees upon which Developer may rely and assumes no liability or obligation to Developer by providing any waiver, approval, consent, or suggestion to Developer in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, Bojangles assumes no liability to the Developer by providing any waiver, approval, consent, or suggestion in connection with the Development Agreement. Bojangles also assumes no liability or obligation to the Developer by reason of any neglect, delay, or denial of any request for a waiver, approval, or consent.
This means that as a prospective Bojangles franchisee (Developer), you cannot hold Bojangles liable for any losses or damages you incur based on their decisions or input during the development process. This includes any suggestions they make, approvals they grant, or waivers they provide. It also extends to any delays or denials of your requests.
This provision is common in franchise agreements, as franchisors want to maintain control over their brand and system without being held responsible for the ultimate success or failure of each franchisee's individual business. Franchisees should carefully consider this clause and understand that they are ultimately responsible for their own business decisions and outcomes.