Is the Bojangles franchise granted to the franchisee exclusive, and if not, what sections of the franchise agreement qualify this?

According to Bojangles's 2025 Franchise Disclosure Document, the franchise granted to a franchisee is non-exclusive. Specifically, the franchise agreement states that the grant of the franchise is subject to the terms outlined in Paragraph VII.C.(6) and VII.F.(6). This means that Bojangles retains certain rights regarding the use of its Proprietary Marks.

Paragraph VII.C.(6) details the non-exclusive nature of the license. Bojangles and its affiliates retain the rights to use the Proprietary Marks themselves for selling products and services, grant other licenses for the Proprietary Marks to new franchisees, purchase or merge with other businesses using similar marks, and sell similar products through any distribution channel, whether existing or developed in the future. These channels include catalogs, e-commerce, mail order, and even ghost kitchens.

This non-exclusive arrangement has significant implications for a prospective Bojangles franchisee. It means that Bojangles could potentially open another franchise or operate a company-owned store nearby, or sell Bojangles products through other channels in the same area. This could increase competition and potentially impact the franchisee's sales and profitability. Franchisees should carefully consider these factors and evaluate the market conditions in their desired location before investing in a Bojangles franchise.