factual

Does the Bojangles franchise agreement state that the franchisee received fair consideration for releasing claims?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee agrees that fair consideration has been given by Franchisor for this release and it fully understands that this is a negotiated, complete, and final release of all Claims.

Source: Item 22 — CONTRACTS (FDD page 82)

What This Means (2025 FDD)

According to the 2025 Bojangles Franchise Disclosure Document, the franchise agreement stipulates that the franchisee acknowledges receiving fair consideration from Bojangles in exchange for releasing any claims against them. This release covers all potential claims, demands, liabilities, and causes of action that the franchisee (and related parties) may have against Bojangles and its affiliates. These claims include those that are known or unknown, suspected or unsuspected, arising before or on the effective date of the agreement.

This clause means a Bojangles franchisee is agreeing to waive their right to sue Bojangles for any past issues once the franchise agreement is signed. The franchisee also agrees not to sue Bojangles regarding any of these released claims. This is a comprehensive and final release, indicating that the franchisee is intentionally settling all potential disputes.

For a prospective Bojangles franchisee, this clause highlights the importance of conducting thorough due diligence before signing the agreement. It is essential to identify and address any existing or potential issues with Bojangles prior to the agreement's effective date, as the franchisee will be giving up their right to pursue those claims later. Franchisees should seek legal counsel to fully understand the implications of this release and ensure they are comfortable with the risks involved.

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.