What constitutes a material, non-curable breach of the Bojangles franchise agreement related to deadlines?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
with all pre-opening requirements set forth in this Agreement and in the Manual or as otherwise required by Franchisor in writing.
- (6) 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.
- (7) 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. Franchisor may consider a variety of factors in whether to grant an extension, including the diligence Franchisee has shown in developing the Restaurant. If Franchisor rejects Franchisee's extension request, then Franchisor will refund the extension fee to Franchisee. Extensions do not
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, failing to meet certain deadlines constitutes a material, non-curable breach of the franchise agreement. Specifically, strict compliance with the Site Approval Deadline, Construction Commencement Deadline, and Opening Deadline is essential.
If a franchisee fails to meet any of these deadlines, Bojangles has the right to immediately terminate the agreement by providing written notice. The Construction Commencement Deadline is 270 days after the written site approval notice from Bojangles. The Opening Deadline is 180 days after construction commences. However, if the restaurant is developed pursuant to a Development Agreement, these deadlines may be determined by the development schedule outlined in that agreement.
Bojangles does offer a potential solution if a franchisee anticipates difficulty meeting these deadlines. The franchisee can submit a written request to Bojangles for an extension of up to six months for the Site Approval Deadline, Construction Commencement Deadline, or Opening Deadline. This request must be submitted at least 14 calendar days before the deadline and include a $2,500 extension fee. Bojangles has sole discretion to grant or deny the extension and determine its length. If the extension is denied, the fee will be refunded. It’s important to note that extensions only apply to the specific deadline requested and do not alter any other deadlines.
This clause highlights the importance Bojangles places on timely development and opening of new locations. Franchisees must carefully manage their project timelines and be prepared to request extensions well in advance if needed, understanding that such requests may not be granted. The "time is of the essence" clause underscores the strictness of these requirements.