Is the consent of Bojangles required for any transfer of interest in the restaurant, the franchise agreement, or the franchise rights?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
open, and within one (1) year of the final condemnation determination opens, a substitute Restaurant on a new site approved by Franchisor;
- (8) If Franchisee ceases to operate or otherwise abandons, or attempts to cease to operate or abandon, the Restaurant or enters into an agreement to sell, or sells, or purports or attempts to sell, the real property upon which the Restaurant is situated, or substantially all right, title and interest in and to the Restaurant or real property lease, or substantially all of the assets of Franchisee or of the Restaurant, without Franchisor's prior written consent; provided, however, that upon the occurrence of any of the foregoing events, Franchisor may, in lieu of immediate termination of this Agreement, request from Franchisee, a statement of intentions and assurances that no event in breach of this Agreement is so contemplated, which statement and assurances shall be delivered in writing within twenty-four (24) hours of Franchisor's request. In addition Franchisor may request, and Franchisee shall provide within five (5) business days thereafter, a performance bond from Franchisee, the amount of such bond and the issuing entity to be solely at Franchisor's reasonable discretion.
- (9) If any other Franchise Agreement or Development Agreement for Bojangles restaurants or any other agreements with Franchisor or its affiliates entered into by Franchisee or its affiliates (or any beneficial owner(s) of Franchisee or its affiliates) is terminated based upon Franchisee's or its affiliates' (or any beneficial owner(s) of Franchisee's or its affiliates') default thereunder;
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- (10) If Franchisee, after curing a default pursuant to Paragraph XIV.C. hereof, commits the same, or a substantially similar, default again within one hundred eighty (180) days after the prior default occurred, whether or not cured after notice; or
- (11) If Franchisee repeatedly is in default under Paragraph XIV.C.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the consent of Bojangles is required for the transfer of interest in the restaurant, the franchise agreement, or the franchise rights. Specifically, if a franchisee attempts to sell the real property upon which the restaurant is situated, or substantially all right, title and interest in and to the restaurant or real property lease, or substantially all of the assets of the franchisee or of the restaurant, they must obtain Bojangles's prior written consent.
This requirement means that a Bojangles franchisee cannot freely sell their restaurant, transfer their franchise agreement, or transfer their franchise rights without first getting approval from Bojangles. This provision allows Bojangles to maintain control over who operates their franchises and ensures that any new operators meet their standards.
If a franchisee fails to comply with this requirement, Bojangles states that it will cause irreparable injury, for which no adequate remedy at law may be available. The franchisee also agrees to pay all court costs and reasonable attorneys' fees incurred by Bojangles in obtaining specific performance of, or an injunction against violation of, the requirements of this Paragraph XV.