What are the deadlines related to site approval, construction commencement, and opening for a Bojangles restaurant?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
If Franchisor has not approved the site of the Restaurant prior to the Effective Date, then Franchisee must obtain the written approval of Franchisor for the site of the Restaurant developed under this Agreement within one hundred eighty (180) days after the Effective Date of this Agreement ("Site Approval Deadline"). Upon request by Franchisee, Franchisor shall provide reasonable site selection assistance and counseling to Franchisee. Franchisee shall propose sites for approval by Franchisor on forms or in the manner designated from time to time by Franchisor. A site shall only be submitted to Franchisor after Franchisee has carefully evaluated the site and determined that it meets the criteria for Restaurant sites which Franchisor has communicated to Franchisee. Franchisor shall review the application for site approval; and within forty-five (45) days of Franchisor's receipt of the application, Franchisor shall approve the proposed site or reject the site with comments as to why it was rejected. Franchisor reserves the
Franchisee shall commence construction of the Restaurant within two hundred seventy (270) days after the date of Franchisor's written site approval notice ("Construction Commencement Deadline").
Franchisee shall construct, furnish, and open the Restaurant within one hundred eighty (180) days after the
commencement of construction ("Opening Deadline"). Prior to opening for business, Franchisee shall comply with all pre-opening requirements set forth in this Agreement and in the Manual or as otherwise required by Franchisor in writing.
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 the 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.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, there are specific deadlines for site approval, construction commencement, and opening a restaurant. For site approval, if Bojangles has not approved the site before the agreement's effective date, the franchisee must obtain written approval within 180 days of the effective date, referred to as the "Site Approval Deadline." Bojangles will review the site application within 45 days of receipt, either approving it or rejecting it with comments.
For construction, the franchisee must commence construction within 270 days after receiving Bojangles's written site approval notice; this is known as the "Construction Commencement Deadline." After construction begins, the franchisee has 180 days to complete construction and open the restaurant, a period defined as the "Opening Deadline."
Strict adherence to these deadlines is critical, as failure to meet them constitutes a material, non-curable breach of the franchise agreement, potentially leading to immediate termination by Bojangles. However, a franchisee can request an extension of up to six months for any of these deadlines by paying a $2,500 extension fee, provided the request is submitted at least 14 days before the deadline. Bojangles, at its sole discretion, may grant or reject the extension, and will refund the fee if the extension is denied. These extensions only apply to the specific deadline requested and do not alter other deadlines.