Following termination or expiration of the Bojangles franchise agreement, what specific actions must the franchisee take to de-identify the restaurant from the Bojangles system?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
uipment and other property or leasehold improvements. Franchisor may, upon written notice at least thirty (30) days prior to such date, notify Franchisee of its intention to purchase all or any portion of the furniture, fixtures, signs, equipment and other chattels for a sum equal to the fair market value of such property. Determination of fair market value and the terms of delivery shall be as specified in Paragraph XIV.G. hereof.
XV. OBLIGATIONS UPON TERMINATION OR EXPIRATION
Upon termination or expiration of this Agreement, all rights granted hereunder to Franchisee shall forthwith terminate, and:
- A. Franchisee shall immediately cease to operate the Franchised Business, and shall not thereafter, directly or indirectly, represent to the public or hold itself out as a present or former franchisee of Franchisor.
- B. Franchisee shall immediately and permanently cease to use, in any manner whatsoever, any confidential methods, procedures and techniques associated with the System; the Proprietary Marks and distinctive forms, slogans, signs, symbols, and devices and any Trade Dress associated with the System. In particular, Franchisee shall follow Franchisor's instructions to deidentify the Restaurant from the System, including removal or modification of structural features of the Restaurant including, but not limited to, the distinctive roof, interior and exterior color combinations and designs, and shall cease to use, without limitation, all signs, advertising materials, displays, stationery, forms, and any other
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, the franchisee must immediately cease operating the franchised business and cannot represent themselves as a current or former franchisee. The franchisee must also stop using any confidential methods, procedures, and techniques associated with the Bojangles system. This includes proprietary marks, distinctive forms, slogans, signs, symbols, devices, and trade dress.
Specifically, the franchisee is required to follow Bojangles's instructions to de-identify the restaurant from the Bojangles system. This includes removing or modifying structural features such as the distinctive roof, interior and exterior color combinations, and designs. The franchisee must also cease using all signs, advertising materials, displays, stationery, forms, and any other articles that display the proprietary marks.
Furthermore, the franchisee must take necessary actions to cancel any assumed name or equivalent registration containing any proprietary mark or service mark/trademark of Bojangles. Evidence of compliance with this obligation must be furnished to Bojangles within 30 days after the termination or expiration of the franchise agreement. These steps ensure that the restaurant no longer appears to be associated with the Bojangles brand and system after the franchise agreement ends.