Is the Bojangles franchise granted to the franchisee exclusive, and if not, what paragraphs outline the terms that make it non-exclusive?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
B. Franchisee acknowledges that this franchise is non-exclusive and is granted subject to the terms of Paragraph VII.C.(6) and VII.F.(6) hereof.
B. Franchisee acknowledges that this franchise is non-exclusive and is granted subject to the terms of Paragraph IX.C.(6) and IX.F.(6) hereof.
(6) The right and license of the Proprietary Marks granted hereunder to Franchisee is nonexclusive, and Franchisor and its affiliates thus have and retain the rights, among others:
(a) To use the Proprietary Marks itself in connection with selling products and services;
(b) To grant other licenses for the Proprietary Marks, in addition to those licenses already granted to existing franchisees;
(c) To purchase, merge with, acquire or become associated with any business of any kind under other systems and/or trademarks and/or develop and establish other systems using the same or similar Proprietary Marks, or any other proprietary marks, and to grant licenses or franchises thereto without providing any rights therein to Franchisee; and
(d) To sell the same or similar products that are authorized for sale at Bojangles Restaurants under the Proprietary Marks or under other trademarks or trade dress and through any other channel of distribution, whether such channel of distribution is now in existence or is hereafter developed and whether at retail or wholesale including, without limitation, sales through catalogs, e-commerce, mail order, carts or kiosks, mass merchandise, supermarkets, grocery stores, restaurants, institutional customers, ghost kitchens, club stores and any other outlet or method of distribution, pursuant to any terms and conditions as Franchisor may deem appropriate.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the franchise granted to a franchisee is non-exclusive. Specifically, Paragraph VII.C.(6) and VII.F.(6) outline the terms that make the franchise non-exclusive for a standard Bojangles restaurant, while Paragraph IX.C.(6) and IX.F.(6) outline the terms for a Bojangles restaurant located within an existing structure. This means Bojangles retains significant rights regarding the brand and market.
Bojangles, as the franchisor, reserves the right to use its Proprietary Marks to sell products and services, grant other licenses for the Proprietary Marks to additional franchisees, and associate with any business under other systems or trademarks, even those similar to Bojangles. They can also develop other systems using similar proprietary marks and grant licenses or franchises without providing any rights to the franchisee.
Furthermore, Bojangles retains the right to sell similar products authorized for sale at Bojangles restaurants under the Proprietary Marks or other trademarks through any distribution channel, whether existing or developed in the future. This includes sales through catalogs, e-commerce, mail order, carts, kiosks, mass merchandise outlets, supermarkets, grocery stores, restaurants, institutional customers, ghost kitchens, and club stores. The terms and conditions for these sales are at Bojangles's discretion. This lack of exclusivity is a standard practice in many franchise systems, allowing the franchisor to expand the brand through various channels and partnerships, which may or may not directly benefit individual franchisees.