What costs is a Bojangles franchisee liable for if they fail to comply with the Trade Dress requirements?

According to Bojangles's 2025 Franchise Disclosure Document, a franchisee acknowledges that failure to comply with the Trade Dress requirements will cause irreparable injury to Bojangles. In such instances, the franchisee agrees to cover all court costs and reasonable attorneys' fees incurred by Bojangles. These costs would be associated with Bojangles pursuing specific performance or seeking an injunction against the franchisee for violating the Trade Dress requirements.

This means that if a Bojangles franchisee does not adhere to the standards set for the restaurant's appearance, decor, and overall presentation, they could face legal action from the franchisor. The franchisee would then be responsible for covering Bojangles's legal expenses, including court costs and attorney fees, in addition to any other penalties or remedies the court might impose.

This provision underscores the importance Bojangles places on maintaining a consistent brand image across all franchise locations. It serves as a deterrent against franchisees deviating from the established Trade Dress, as the financial consequences of non-compliance can be significant. Prospective franchisees should carefully review the Trade Dress requirements outlined in the franchise agreement and ensure they are prepared to adhere to these standards to avoid potential legal and financial repercussions.