Does the Bojangles developer have the right to sue the Franchisor Parties on any of the claims released in the agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- F. THE PARTIES WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT OR CLAIM OF ANY PUNITIVE OR EXEMPLARY DAMAGES AGAINST EACH OTHER AND AGREE THAT, IN THE EVENT OF A DISPUTE BETWEEN THEM, EACH SHALL BE LIMITED TO THE RECOVERY OF ACTUAL DAMAGES SUSTAINED BY IT.
- G. THE PARTIES IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO PARTICIPATE IN, ANY CLASS, REPRESENTATIVE OR COLLECTIVE ACTION MATTERS, AS A CLASS REPRESENTATIVE, CLASS MEMBER OR AN OPT-IN PARTY, ACT AS A PRIVATE ATTORNEY GENERAL, OR JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON OR ENTITY, AGAINST THE OTHER PARTY.
- H. THE PARTIES IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, AND/OR COUNTERCLAIM BROUGHT BY EITHER PARTY.
- I. Except for payments owed by one party to the other, and unless prohibited by applicable law, any legal action or proceeding (including the offer and sale of a franchise to Developer) brought or instituted with respect to any dispute arising from or related to this Agreement or with respect to any breach of the terms of this Agreement must be brought or instituted within a period of two (2) years from the date on which the party asserting the claim knew or should have known of the facts giving rise to the claim.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the developer's ability to sue the franchisor is limited. The agreement specifies that both parties waive the right to claim punitive or exemplary damages against each other, limiting recovery to actual damages sustained. This means that in any dispute, a developer can only seek compensation for direct financial losses, not for additional penalties or amplified damages.
Furthermore, the agreement includes an irrevocable waiver of the right to participate in class action lawsuits, representative actions, or collective action matters against the other party. This prevents a developer from joining with other franchisees or acting as a representative in a lawsuit against Bojangles. They also cannot act as a private attorney general or consolidate claims with others. This clause is designed to limit Bojangles's exposure to large, multi-party lawsuits.
Additionally, both parties waive their right to a jury trial in any action, proceeding, or counterclaim brought by either party. This means that any disputes will be resolved by a judge rather than a jury. The agreement also sets a time limit for bringing legal action, requiring that any claim related to the agreement or its breach must be initiated within two years from the date the party knew or should have known about the facts giving rise to the claim, unless prohibited by applicable law. These provisions collectively narrow the avenues through which a Bojangles developer can pursue legal action against the franchisor.