Does the Bojangles Development Agreement allow the developer to open and operate more restaurants than the number specified in the Development Schedule?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Developer wishes to obtain certain development rights to operate Bojangles restaurants ("Restaurant(s)") under the Bojangles System in the assigned area described in Exhibit A of this Development Agreement.
NOW, THEREFORE, the parties, in consideration of the undertakings and commitments of each party to the other party set forth herein, hereby agree as follows:
I. GRANT
A. Franchisor hereby grants to Developer, pursuant to the terms and conditions of this Agreement, development rights to obtain licenses to establish and operate the number of Restaurants set forth in Exhibit A to this Agreement, and to use the Bojangles System solely in connection therewith, at specific locations to be designated in separate franchise agreements
("Franchise Agreement(s)") executed as provided in Paragraph IV.E. hereof, and pursuant to the schedule set forth in Exhibit A ("Development Schedule"). Each Restaurant developed hereunder shall be located in the area described in Exhibit A ("Assigned Area").
- B.
This Agreement is not a Franchise Agreement, and does not grant to Developer any right to use the Proprietary Marks, the Trade Dress or the System.
- C.
Developer shall have no right under this Agreement and has no right under any other agreements to license others under the Proprietary Marks, the Trade Dress or Bojangles System.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
Based on the 2025 Bojangles Franchise Disclosure Document, the Development Agreement grants the developer the rights to establish and operate the number of restaurants specified in Exhibit A, also known as the Development Schedule. The agreement allows these restaurants to operate under the Bojangles system within a designated area outlined in Exhibit A, referred to as the Assigned Area.
The Development Agreement specifies that each restaurant must be located as per the terms in separate franchise agreements. These agreements are executed as provided in Paragraph IV.E of the Development Agreement. The developer's rights are limited to the number of restaurants outlined in Exhibit A, and they do not have the right to license others under the Bojangles system.
Bojangles retains control over its brand and standards, as the agreement emphasizes the importance of maintaining the quality and appearance of the Bojangles system. The developer's ability to expand beyond the Development Schedule is not explicitly addressed, suggesting that any additional expansion would likely require a new agreement or amendment to the existing one.