In the event of a legal dispute regarding the Bojangles franchise agreement, where must any action be brought?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
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Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, any legal action regarding a dispute related to the franchise agreement, excluding payment-related disputes, must be initiated within two years from when the party asserting the claim knew or should have known about the facts leading to the claim. Furthermore, the legal action or proceeding must be brought or instituted in accordance with North Carolina law.
This means that a Bojangles franchisee has a limited time frame to bring any legal claims against the franchisor. Missing this deadline could result in the claim being time-barred. The franchisee must also adhere to North Carolina law when initiating any legal proceedings, regardless of where their Bojangles restaurant is located.
This clause is fairly standard in franchise agreements, as it provides clarity and predictability regarding legal disputes. However, franchisees should be aware of the implications of the statute of limitations and the governing law, and consult with an attorney to understand their rights and obligations under the agreement. The franchisee also waives the right to participate in class action lawsuits against Bojangles.