What are the consequences if a Bojangles franchisee fails to meet the Site Approval Deadline?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
A. If Franchisor has not approved the site of the Restaurant developed under this Agreement prior to the Effective Date, then Franchisee must obtain the written approval of Franchisor for the site of the Restaurant within one hundred eighty (180) days after the Effective
Date of this Agreement ("Site Approval Deadline"); however, if the Restaurant is developed pursuant to a Development Agreement, the Site Approval Deadline shall be the earlier of: (1) the date which is one hundred eighty (180) days after the Effective Date of this Agreement; or (2) the site approval deadline set forth in the development schedule of the Development Agreement.
Strict compliance with the Site Approval Deadline, Construction Commencement Deadline and Opening Deadline is essential to this Agreement.
Any failure by Franchisee in fulfilling its obligations to meet the Site Approval Deadline, Construction Commencement Deadline or Opening Deadline shall constitute a material, non-curable breach of this Agreement permitting Franchisor immediately to terminate this Agreement by giving written notice of termination to Franchisee. Time is of the essence.
Franchisee may submit a written request to Franchisor for an extension of up to six (6) months of the Site Approval Deadline, Construction Commencement Deadline and/or Opening Deadline for the Restaurant.
Franchisee must pay Franchisor a lump-sum extension fee in the amount of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) when Franchisee submits an extension request to compensate Franchisor for its costs, expenses and lost opportunities related to the proposed extension.
Franchisor must receive Franchisee's extension request at least fourteen (14) calendar days before the occurrence of the deadline date.
Upon review, Franchisor may grant Franchisee, in Franchisor's sole discretion, an extension of the applicable deadline(s) for a Restaurant.
If Franchisor grants an extension on any deadline, Franchisor will determine the length of the extension at its sole option.
If Franchisor rejects Franchisee's extension request, then Franchisor will refund the extension fee to Franchisee.
Extensions do not change any deadlines other than the particular deadline then being adjusted by the extension that is the subject of Franchisee's request.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, failing to meet the Site Approval Deadline has significant consequences. The Site Approval Deadline is the date by which a franchisee must obtain written approval from Bojangles for the restaurant site. For a standard franchise agreement, this deadline is 180 days after the agreement's effective date. However, if the restaurant is part of a Development Agreement, the deadline is the earlier of 180 days or the date specified in the development schedule.
Strict compliance with the Site Approval Deadline is essential. If a Bojangles franchisee fails to meet this deadline, it constitutes a material, non-curable breach of the Franchise Agreement. This means Bojangles has the right to immediately terminate the agreement by providing written notice to the franchisee.
However, a franchisee can request an extension of up to six months for the Site Approval Deadline. This request must be submitted at least 14 calendar days before the deadline, along with a $2,500 extension fee to compensate Bojangles for its costs and lost opportunities. Bojangles has sole discretion to grant or reject the extension and determine its length. If the extension is rejected, the fee is refunded. It is important to note that extensions only modify the specific deadline they address and do not alter other deadlines.