Besides the modifications in the Addendum, what is the status of the original Bojangles Development Agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
This Development Incentive Program Addendum (this "Addendum") to the Bojangles Opco, LLC Development Agreement dated as of (the "Development Agreement") is made as of, by and between BOJANGLES OPCO, LLC, a Delaware limited liability company ("Franchisor"), and , a [State] [Entity Type] ("Developer").
RECITALS
In order to encourage the development of franchised Bojangles restaurants ("Restaurants") by persons who are part of certain historically underrepresented groups, Franchisor has implemented a development incentive program (the "Program").
Pursuant to the Development Agreement, Developer has agreed to develop and open three (3) or more Restaurants in the Assigned Area in accordance with the Development Schedule.
Franchisor and Developer are entering into this Addendum to modify the Development Agreement and to provide for Developer's receipt of the Program benefits offered by Franchisor pursuant to the Program.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and obligations set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows:
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, several addenda can modify the original Development Agreement. These include the Equipment Reimbursement Incentive Program Addendum and the Development Incentive Program Addendum for Minorities, Women, and Veterans.
Each addendum explicitly states that it is intended to modify the original Development Agreement to provide specific program benefits to the developer. For example, the Equipment Reimbursement Incentive Program Addendum modifies the agreement to allow the developer to receive benefits under the equipment reimbursement incentive program. Similarly, the Development Incentive Program Addendum for Minorities, Women, and Veterans modifies the agreement to provide benefits under that specific program.
An addendum to the Franchise Agreement states that if there is a conflict between the addendum and the Franchise Agreement, the terms of the addendum control. The terms of the addendum are considered part of the Franchise Agreement, and breaching them is a default under the agreement. This suggests that the original Development Agreement remains in effect except for the specific modifications outlined in each addendum. Therefore, franchisees should carefully review all addenda to understand how they alter the original agreement and what their obligations are under each.