When is the Bojangles Franchise Agreement addendum entered into relative to the Franchise Agreement?

According to Bojangles's 2025 Franchise Disclosure Document, the Addendum to the Franchise Agreement is entered into simultaneously with the execution of the Franchise Agreement. This applies to various forms of the agreement, including the Bojangles Express Franchise Agreement, the Bojangles Renewal Franchise Agreement, and the Bojangles Individual Franchise Agreement.

This simultaneous execution ensures that the provisions of the Addendum are an integral part of, and are incorporated into, the main Franchise Agreement from the outset. This is particularly relevant when the addendum is required due to specific state laws or regulations, such as in Minnesota, New York, North Dakota, and Rhode Island. These addenda address specific legal requirements within those states.

For a prospective Bojangles franchisee, this means that any state-specific modifications or clarifications to the standard Franchise Agreement will take effect immediately upon signing the agreement. Franchisees should carefully review the addendum applicable to their state to understand any specific rights, obligations, or restrictions that may apply to their franchise operation. This ensures compliance with local laws and regulations from the beginning of the franchise relationship.

For example, the North Dakota addendum addresses concerns the North Dakota Securities Commissioner has regarding restrictive covenants, the location of arbitration proceedings, restrictions on forum, liquidated damages and termination penalties, applicable laws, and waivers of trial by jury. Similarly, addenda for New York, Minnesota, and Rhode Island address specific state laws. Therefore, understanding the nuances of the addendum is crucial for franchisees in these states to ensure they are operating within the bounds of the law and in accordance with their franchise agreement.