In the event of a default, does Bojangles provide an opportunity to cure the default?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
ragraph XIV.C. hereof for failure to comply with any of the requirements imposed by this Agreement, whether or not cured after notice.
- C. Except as otherwise provided in Paragraphs XIV.A. and XIV.B. of this Agreement, Franchisee shall have ten (10) days for a monetary default and thirty (30) days for any other default after its receipt from Franchisor of a written notice of default within which to remedy any default hereunder and to provide evidence thereof to Franchisor. If any such default is not cured within that time, or such longer period as applicable law may require, Franchisor may terminate this Agreement, effective immediately upon Franchisee's receipt of notice from Franchisor after the expiration of the ten (10) day or thirty (30) day period, as applicable, or such longer period as applicable law may require. Franchisee shall be in default hereunder for any failure to comply with any of the requirements imposed by this Agreement, including any matter enumerated in this Paragraph XIV.C., as it may from time to time reasonably be supplemented by the Manual, or to carry out the terms of this Agreement in good faith. Such defaults shall include, for example, but without limitation, the occurrence of any of the following events:
- (1) If Franchisee fails, refuses, or neglects promptly to pay any monies owing to Franchisor or its parents, subsidiaries or affiliates when due, or to submit the financial or other information required by Franchisor under this Agreement;
- (2) If Franchisee fails to pay or fails repeatedly to make prompt payment of undisputed amounts due to its suppliers, landlord, equipment lessors, or other third parties;
- (3) If Franchisee fails to maintain the Restaurant in a good, clean and wholesome manner, or fails to maintain or observe any of the other standards or procedures prescribed by Franchisor in this Agreement, the Manual, or otherwise in writing;
- (4) If Franchisee fails, refuses, or neglects to obtain Franchisor's prior written approval or consent as required by this Agreement;
- (5) If Franchisee denies Franchisor or its designee the right to inspect the Restaurant at reasonable times;
- (6) If Franchisee engages in any business or markets any service or product under a name or mark which, in Franchisor's opinion, is confusingly similar to the Proprietary Marks or uses the Trade Dress other than in connection with the Restaurant or uses any of Franchisor's products, procedures or methods in any other operation not authorized by Franchisor;
- (7) If Franchisee fails to comply with the in-term covenants in Paragraph XVI.A. hereof:
- (8) If a final judgment against Franchisee remains unsatisfied or of record for thirty (30) days or longer (unless supersedeas bond is filed);
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles' 2025 Franchise Disclosure Document, franchisees typically have an opportunity to cure a default. Specifically, a franchisee has ten days to remedy a monetary default and thirty days to remedy any other type of default after receiving written notice from Bojangles. The franchisee must also provide evidence of the remedy to Bojangles. However, this cure period is not available if otherwise provided in Paragraphs XIV.A. and XIV.B. of the Franchise Agreement, which are not detailed in the provided excerpts.
If the franchisee fails to cure the default within the specified time frame, or any longer period required by applicable law, Bojangles can terminate the Franchise Agreement. The termination is effective immediately upon the franchisee's receipt of notice from Bojangles after the cure period expires.
It's important to note that if a franchisee cures a default and then commits the same or a substantially similar default within 180 days, whether or not cured after notice, or if the franchisee repeatedly defaults under Paragraph XIV.C, Bojangles may have grounds for termination. Prospective franchisees should carefully review the entire default section of the Franchise Agreement, including Paragraphs XIV.A. and XIV.B., to fully understand their rights and obligations.