What is the consequence if a Bojangles franchisee harms the goodwill associated with the Bojangles System and the Proprietary Marks when hiring a Restaurant manager?

The franchised Restaurant must at all times be under the direct, on premises supervision of a Restaurant manager who has satisfactorily completed our initial training program. You must also maintain a competent, conscientious, trained staff, including fully-trained manager, assistant managers and shift leaders for the Restaurant. We impose no limitations as to who you may hire as the Restaurant manager, except that you must comply with all applicable laws and that you must not harm the goodwill associated with the Bojangles System and the Proprietary Marks (this requirement may affect who you hire as your manager).

In entering into the Franchise Agreement with us, you will acknowledge and agree that you are solely responsible for all employment decisions and functions of your Restaurant including, without limitation, decisions or actions related to hiring, firing, training, compliance with wage and hour requirements, personnel policies, scheduling benefits, recordkeeping, supervision, and discipline of employees. You will further agree that we will not be deemed a joint employer with you for any reason. If we incur any cost, expense, loss, or damage as a result of any of your actions or omissions or your employees, including any that relate to any party making a finding of any joint employer status, you must fully indemnify us for such cost, expense, loss, or damage.

Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 53–54)