Does the Bojangles franchise agreement state that the release of claims is a negotiated, complete, and final release?
Bojangles Franchise · 2025 FDDAnswer 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 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to the 2025 Bojangles Franchise Disclosure Document, the franchise agreement stipulates that the franchisee acknowledges and agrees that the release of claims is a negotiated, complete, and final release. This means that by signing the agreement, the franchisee, along with any related parties, gives up any existing or future claims against Bojangles and its affiliates.
This clause covers all types of claims, whether known or unknown, that the franchisee may have against Bojangles arising before or on the effective date of the agreement. The franchisee also agrees not to sue Bojangles or related parties regarding these claims. This is a significant commitment, as it prevents the franchisee from pursuing legal action against Bojangles for any issues that may arise, even if those issues are not yet known.
The agreement emphasizes that the franchisee is aware they might discover new facts in the future that are different from what they currently know, but they still intend to fully settle and release all claims. Bojangles states that fair consideration has been given for this release, highlighting the importance of understanding the implications before signing the agreement. Prospective franchisees should carefully review this clause with legal counsel to fully understand their rights and obligations.