What must a Bojangles developer do to maintain the franchisor's obligation not to establish or license others to establish any new Bojangles Restaurant under the System in the Assigned Area?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
During the term of this Agreement and provided that Developer is in full compliance with all terms and conditions of all Franchise and Development Agreements between Developer and Franchisor and is current on all obligations due to Franchisor, Franchisor shall not establish, nor license anyone other than Developer to establish, any new Bojangles Restaurant under the System in the Assigned Area.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles' 2025 Franchise Disclosure Document, to maintain the territorial exclusivity granted in the Development Agreement, a developer must be in full compliance with all terms and conditions of all Franchise and Development Agreements between the developer and Bojangles, and remain current on all obligations due to Bojangles.
This means the developer must adhere to the development schedule outlined in Exhibit A of the Development Agreement, meeting deadlines for site control, plan approval, insurance, franchise fee payment, and construction commencement. Failure to meet these obligations could lead to Bojangles establishing or licensing others to establish restaurants within the developer's assigned area.
This obligation extends only during the term of the Development Agreement. After the agreement expires or terminates, Bojangles reserves the right to establish or license others to establish Bojangles restaurants within the previously assigned area. Additionally, Bojangles retains the right to establish or license restaurants in specific locations such as airports, train stations, and interstate highways, even during the term of the agreement.