Besides operating a Bojangles restaurant under a franchise agreement, is a developer allowed to sell food or drink products prepared using Bojangles' procedures, processes, techniques, recipes, or formulas at any other location?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Developer hereby acknowledges that under the Franchise Agreement(s) executed pursuant hereto, Franchisor will provide Developer with access to and training in processes and procedures of a proprietary nature and will provide Developer with access to and the right to use recipes and formulas, manuals, logos, designs, trademarks, trade names and other proprietary information in connection with Developer's development and operation of the Bojangles restaurant. Developer acknowledges and agrees that Developer shall not at any time, whether during the term of this Agreement or Franchise Agreement(s) executed pursuant hereto or after expiration or earlier termination of any or all of them, disclose any information obtained through such training or from any materials provided by Franchisor to Developer and pertaining to the Bojangles System to any third party other than employees of Developer directly involved in the operations of the Restaurant. Further, Developer agrees that during the term of this Agreement, and Franchise Agreement(s) executed pursuant hereto and after expiration or earlier termination of any or all of them, it shall not use any of such information or proprietary marks, including but not limited to processes, procedures, recipes and formulas, for any purpose other than the operation of the Bojangles restaurant and will take all steps necessary to prevent any other use of them. Without limiting the foregoing, Developer specifically agrees that it shall not during the term of this agreement or Franchise Agreement(s) executed pursuant hereto or after expiration or earlier termination of any or all of them, offer for sale at any location, other than a Restaurant being then operated pursuant to a specific Franchise Agreement then in effect, any food or drink products prepared using in whole or part the procedures, processes, techniques, recipes or formulas provided by Franchisor to Developer.
- C. Developer acknowledges that any failure to comply with the requirements of this Paragraph VII. will cause irreparable injury to Franchisor, and Developer agrees to pay all court costs and reasonable attorneys' fees incurred by Franchisor in obtaining specific performance of, or an injunction against violation of, the requirements of this Paragraph VII.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, a developer is explicitly prohibited from selling food or drink products prepared using Bojangles' proprietary methods at any location other than a Bojangles restaurant operating under a current Franchise Agreement. This restriction applies both during the term of the Development Agreement and after its expiration or termination. This is to protect Bojangles's brand integrity and prevent unauthorized use of its recipes and operational methods.
This restriction is significant for potential developers as it limits their ability to leverage Bojangles's recipes and techniques for other business ventures. The agreement emphasizes that the franchisor will provide access and training in processes and procedures of a proprietary nature, including recipes and formulas. The developer acknowledges that they will not disclose any information obtained through such training to any third party other than employees of the developer directly involved in the operations of the restaurant.
Bojangles takes this restriction seriously, as any failure to comply could result in irreparable injury to the franchisor. The developer agrees to cover all court costs and reasonable attorneys' fees incurred by Bojangles in obtaining specific performance or an injunction against any violation of this requirement. This clause underscores the importance of adhering to the terms of the agreement and protecting Bojangles's intellectual property.
This type of restriction is common in franchising to maintain consistency and protect the brand's unique offerings. Prospective franchisees should carefully consider these limitations and ensure they align with their business goals before entering into a franchise agreement with Bojangles.