Besides operating a Bojangles restaurant, what other uses of the proprietary information, processes, procedures, recipes, and formulas are prohibited?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
that Franchisee shall not at any time, whether during the term of this Agreement or after its expiration or earlier termination, disclose any information obtained through such training or from any materials provided by Franchisor to Franchisee and pertaining to the Bojangles System to any third party other than employees of Franchisee directly involved in the operations of the Restaurant. Further, Franchisee agrees that during the term of this Agreement and after its expiration or earlier termination, it shall not use any of such information or proprietary marks, including but not limited to any processes, procedures, recipes and formulas, for any purpose other than the operation of the Restaurant and will take all steps necessary to prevent any other use of them. Without limiting the foregoing, Franchisee specifically agrees that it shall not during the term of this agreement or after its expiration or earlier termination, offer for sale at any location, other than during the term of this Agreement the Restaurant being operated at that time pursuant to this Agreement, any food or drink products prepared using in whole or part the procedures, processes, techniques, recipes or formulas provided by Franchisor to Franchisee.
C. Franchisee acknowledges that any failure to comply with the requirements of this Paragraph X. will cause irreparable injury to Franchisor, and Franchisee 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 X.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, franchisees are restricted from using the brand's proprietary information for purposes other than operating their franchised restaurant. Specifically, franchisees cannot disclose any information about the Bojangles system to third parties, except to employees directly involved in restaurant operations. This restriction applies both during and after the franchise agreement.
Bojangles franchisees are prohibited from using proprietary information and marks, including processes, procedures, recipes, and formulas, for any purpose other than running their Bojangles restaurant. Franchisees must take precautions to prevent unauthorized use of this information. A key restriction is that franchisees cannot offer for sale any food or drink products prepared using Bojangles' procedures, processes, techniques, recipes, or formulas at any location other than the Bojangles restaurant operating under their franchise agreement.
Failure to comply with these requirements could cause significant harm to Bojangles, and the franchisee may be responsible for covering all court costs and reasonable attorney fees incurred by Bojangles in order to enforce these restrictions. This includes actions to obtain specific performance or an injunction against any violation of these terms.