In the Bojangles franchise agreement, besides the franchisee entity, who else is required to sign the agreement in their individual capacity?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
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BOJANGLES FRANCHISE AGREEMENT EXHIBIT B
GUARANTEE
GUARANTEE
As an inducement to BOJANGLES OPCO, LLC ("Franchisor") to execute the Franchise Agreement ("Agreement"), to which this Guarantee is attached, the undersigned, jointly and severally, hereby agree to be individually bound by all the terms and conditions of the Agreement including any amendments thereto whenever made and unconditionally guarantee to Franchisor and its successors and assigns the payment of all liabilities incurred by Franchisee at any time.
Sixty (60) days after any default of Franchisee under Paragraphs XIV.A. or XIV.B. of the Agreement, or ninety (90) days after a default by Franchisee which is not cured under Paragraph XIV.C. of the Agreement, the undersigned will immediately make payment of any liabilities previously incurred by Franchisee. Without affecting the obligations of the undersigned under this Guarantee, Franchisor may, without notice to the undersigned, extend, modify, or release any indebtedness or obligation of Franchisee, or settle, adjust, or compromise any claims against Franchisee. The undersigned waive notice of amendment of the Agreement and notice of demand for payment and performance by Franchisee.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, in addition to the franchisee entity, the franchise agreement requires that the undersigned, jointly and severally, agree to be individually bound by all the terms and conditions of the Agreement including any amendments thereto whenever made and unconditionally guarantee to Franchisor and its successors and assigns the payment of all liabilities incurred by Franchisee at any time. This is detailed in the Guarantee attached to the Individual Franchise Agreement. This means that individuals are guaranteeing the franchisee's obligations under the agreement.
This guarantee ensures that Bojangles has recourse to the personal assets of the guarantors if the franchisee entity fails to meet its financial or other obligations. The guarantee extends to all terms and conditions of the agreement, including any amendments, and covers all liabilities incurred by the franchisee. This is a significant commitment, as the guarantors are essentially taking on the financial risk of the franchise.
The guarantee remains in effect even if Bojangles extends, modifies, or releases any indebtedness or obligation of the franchisee, or settles, adjusts, or compromises any claims against the franchisee, without notice to the guarantors. The guarantors also waive notice of amendment of the Agreement and notice of demand for payment and performance by Franchisee. This means that the guarantors' obligations are not diminished by any changes to the agreement or any leniency shown to the franchisee.
Upon the death of a guarantor, the estate of such guarantor will be bound by this Guarantee but only for defaults and obligations hereunder existing at the time of death, and the obligations of the other guarantors will continue in full force and effect. This ensures that the guarantee remains in effect even if one of the guarantors dies.