What are the deadlines related to site approval, construction commencement, and opening that, if missed, can result in termination of the Bojangles franchise agreement?
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 change any deadlines other than the particular deadline then being adjusted by the extension that is the subject of Franchisee's request.
- D. Franchisee shall designate an individual to serve as Franchisee's "Managing Owner", subject to the following conditions:
- (1) The Managing Owner shall own a majority equity interest in Franchisee during the entire period s/he serves as Managing Owner.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles' 2025 Franchise Disclosure Document, strict adherence to the Site Approval Deadline, Construction Commencement Deadline, and Opening Deadline is crucial. Failure to meet these deadlines constitutes a material, non-curable breach of the Franchise Agreement, potentially leading to immediate termination by Bojangles with written notice.
The Construction Commencement Deadline is set at 270 days after Bojangles' written site approval notice. However, if the restaurant is part of a Development Agreement, the deadline is the earlier of 270 days after site approval or the date specified in the development schedule. The Opening Deadline is 180 days after construction begins, or earlier if specified in the Development Agreement's schedule.
Bojangles emphasizes that time is of the essence in meeting these deadlines. Franchisees should be aware that missing these deadlines, without an approved extension, provides Bojangles with the right to terminate the agreement. Franchisees do have the option to request an extension of up to six months for these deadlines, but it requires a $2,500 fee and is subject to Bojangles' approval, which they may or may not grant at their sole discretion.