In the event of a legal dispute regarding the Bojangles Franchise Agreement, in which state must the action be brought?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
and expenses including attorney's fees.
- 3. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Development Agreement.
- 4. Except as expressly modified by this Addendum, the Development Agreement remains unmodified and in full force and effect.
- 5. This Addendum may be executed in multiple counterparts, each of which when executed and delivered shall be deemed to be an original and all of which together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Addendum by electronic transmission (including an electronic signature platform such as DocuSign or the transmission of a scanned PDF document) shall be effective as delivery of a manually executed counterpart of this Addendum.
IN WITNESS WHEREOF, the parties hereto have duly executed, sealed and delivered this Addendum to the Development Agreement on the same date as the Development Agreement was executed.
| ATTEST: | FRANCHISOR: BOJANGLES OPCO, LLC, |
|---|---|
| a Delaware limited liability company | |
| By: | |
| [Name] | By: |
| Secretary | [Name] |
| [Title] | |
| DEVELOPER: | |
| [ENTITY NAME], | |
| a [State] [Type of Entity] | |
| By: | |
| [Name] | |
| [Title] |
ADDENDUM TO THE BOJANGLES FRANCHISE AGREEMENT REQUIRED FOR NORTH DAKOTA FRANCHISEES
This Addendum to the Bojangles [Individual] [Express] [Renewal] Franchise Agreement dated ("Franchise Agreement") between BOJANGLES OPCO, LLC ("Franchisor") and ("Franchisee") is entered into simultaneously with the execution of the Franchise Agreement.
- 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Franchise Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to Franchisee was made in the State of North Dakota; (B) Franchisee is a resident of the State of North Dakota; and/or (C) the Restaurant will be located and/or operated in the State of North Dakota.
- 2. The North Dakota Securities Commissioner has held the following to be unfair, unjust, or inequitable to North Dakota franchisees (Section 51-19-09, N.D.C.C.):
- A. Restrictive Covenants: Franchise disclosure documents which disclose the existence of covenants restricting competition contrary to Section 9-08-06, N.D.C.C., without further disclosing that such covenants will be subject to this statute.
- B. Situs of Arbitration Proceedings: Franchise agreements providing that the parties must agree to arbitrate disputes at a location that is remote from the site of the franchisee's business.
- C. Restriction on Forum: Requiring North Dakota franchisees to consent to the jurisdiction of courts outside of North Dakota.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to the 2025 Bojangles Franchise Disclosure Document, the standard franchise agreement may require franchisees to consent to the jurisdiction of courts outside of their state. However, this is subject to certain state laws. For example, the FDD includes addenda for franchisees in North Dakota and Rhode Island that address this issue.
Specifically, the North Dakota addendum indicates that requiring North Dakota franchisees to consent to the jurisdiction of courts outside of North Dakota has been deemed unfair, unjust, or inequitable. Therefore, this requirement would not be enforceable against a Bojangles franchisee in North Dakota.
Similarly, the Rhode Island addendum states that Rhode Island law voids any provision in a franchise agreement that restricts jurisdiction or venue to a forum outside of Rhode Island, or requires the application of the laws of another state, with respect to a claim otherwise enforceable under Rhode Island law. This means a Bojangles franchisee in Rhode Island would not be bound by a clause requiring them to litigate disputes in another state.
Prospective franchisees should carefully review the FDD and any state-specific addenda to understand their rights and obligations regarding legal disputes, including where they may be required to bring legal action against Bojangles.