Does the Bojangles franchise agreement provide any warranty regarding the relevance or accuracy of the Confidential Information?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. No Warranty. Although Recipient understands that Franchisor has endeavored to include in the Confidential Information material known to it which it believes to be relevant for Recipient's purposes, Recipient further understands that Franchisor and the Franchisor Parties do not make any representation or warranty as to the accuracy or completeness of the Confidential Information. Recipient further acknowledges that Franchisor and the Franchisor Parties have not and will not make representations or warranties as to the potential sales at a Bojangles restaurant and no information supplied by Franchisor or the Franchisor Parties shall be construed as a prediction of future sales. Recipient agrees that neither Franchisor nor the Franchisor Parties nor any of their respective representatives shall have any liability to Recipient, Recipient's representatives or any other person resulting from the use of the Confidential Information.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the franchise agreement contains a specific disclaimer regarding any warranty on the accuracy or completeness of the confidential information provided to the franchisee. While Bojangles endeavors to include relevant material in the confidential information, it does not represent or warrant that the information is accurate or complete.
This means that a prospective Bojangles franchisee cannot hold Bojangles liable for any inaccuracies or omissions in the confidential information provided. The franchisee is essentially accepting the information "as is" and must conduct their own due diligence to verify its accuracy and relevance. This is a fairly standard practice in franchising, as franchisors typically want to avoid liability for information that could be misinterpreted or become outdated.
Furthermore, the disclaimer extends to potential sales figures. Bojangles explicitly states that it does not make any representations or warranties regarding potential sales at a Bojangles restaurant, and no information provided should be construed as a prediction of future sales. This reinforces the franchisee's responsibility to conduct independent market research and financial analysis to assess the potential profitability of the franchise. The franchisee bears the risk of relying on the confidential information, and neither Bojangles nor its representatives will be liable for any resulting losses.