Besides the modifications in the addendum, what is the status of the original Bojangles Franchise Agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as expressly modified by this Addendum, the Express Franchise Agreement remains unmodified in full force and effect.
This Addendum to the Bojangles Express Franchise Agreement dated ("Express Franchise Agreement") between BOJANGLES OPCO, LLC ("Franchisor") and ("Franchisee") is entered into simultaneously with the execution of the Express Franchise Agreement.
- 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Express Franchise Agreement.
This Addendum is being executed because: (A) the offer or sale of a franchise to Franchisee was made in the State of New York; (B) Franchisee is a resident of the State of New York; and/or (C) the Restaurant will be located and/or operated in the State of New York.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to the 2025 Bojangles Franchise Disclosure Document, the addenda to the franchise agreements state that, except as expressly modified by the addendum, the original franchise agreement remains unmodified and in full force and effect. This applies to the Bojangles Express Franchise Agreement for franchisees in New York, and the Bojangles Renewal Franchise Agreement for franchisees in Rhode Island.
For franchisees in Minnesota, the addendum forms an integral part of, and is incorporated into, the Express Franchise Agreement. This means that the provisions of the addendum are considered part of the original agreement, and both documents should be read together. The addendum modifies specific sections of the Express Franchise Agreement, such as Sections VII.B. and XV.B.(3)(c), by adding sentences that provide additional protections and compliance with Minnesota statutes.
Similarly, for franchisees in North Dakota, the addendum forms an integral part of, and is incorporated into, the Franchise Agreement. This indicates that the addendum's provisions are integrated into the original agreement, and both documents should be considered together. The addendum addresses specific concerns raised by the North Dakota Securities Commissioner regarding restrictive covenants, arbitration proceedings, forum restrictions, liquidated damages, applicable laws, and waiver of trial by jury.