factual

Does the Bojangles franchise agreement prevent Bojangles from seeking injunctive relief against threatened conduct that would cause loss or damages?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

No right or remedy conferred upon or reserved to Franchisor or Franchisee by this Agreement is intended to be, nor shall be deemed to be, exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy.

  • D. Nothing herein contained shall bar Franchisor's right to obtain injunctive relief against threatened conduct that will cause it loss or damages, under the usual equity rules, including the applicable rules for obtaining restraining orders and preliminary injunctions.

Source: Item 23 — RECEIPTS (FDD pages 82–573)

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, the franchise agreement does not prevent Bojangles from seeking injunctive relief. Specifically, Bojangles retains the right to pursue injunctive relief against any threatened conduct that could lead to losses or damages. This is explicitly stated within the agreement, ensuring that Bojangles can act to protect its interests under the usual equity rules, including obtaining restraining orders and preliminary injunctions. This provision reinforces Bojangles's ability to protect its brand and operational standards.

This clause is a standard inclusion in franchise agreements to protect the franchisor's brand, trade secrets, and overall business interests. It allows Bojangles to take swift legal action to prevent potential harm, rather than waiting for damages to occur. For a franchisee, this means that Bojangles can quickly enforce compliance with the franchise agreement terms through court orders, should the franchisee engage in activities that threaten the brand or business operations.

The agreement also specifies that North Carolina law governs the interpretation and construction of the agreement. This provides a clear legal framework for resolving disputes. Additionally, the agreement states that no right or remedy conferred upon or reserved to Bojangles or the franchisee is exclusive of any other right or remedy provided by law or equity, ensuring that all available legal avenues remain open.

Overall, this section of the Bojangles franchise agreement underscores the brand's commitment to protecting its interests and provides a mechanism for swift legal intervention when necessary. For prospective franchisees, it highlights the importance of adhering to the franchise agreement terms to avoid potential legal action from Bojangles.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.