conditional

For a Bojangles franchise, what is the required action regarding the lease for the premises as a condition of the Franchise Agreement?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee has entered into a Bojangles Franchise Agreement (the "Franchise Agreement") with Bojangles Opco, LLC ("Franchisor") for the operation of a Bojangles restaurant at the Premises, and as a requirement thereof, the lease for the Premises must contain the provisions contained in this Addendum.

Source: Item 22 — CONTRACTS (FDD page 82)

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, a condition of the Franchise Agreement is that the lease for the premises must contain the provisions outlined in the Lease Addendum. This requirement ensures that the landlord, franchisee, and Bojangles are all aligned on certain key terms related to the operation of the Bojangles restaurant.

The Lease Addendum includes several important provisions. The landlord must provide Bojangles with copies of any default or termination notices sent to the franchisee. The franchisee assigns their rights, title, and interests in the lease to Bojangles, which Bojangles can exercise if the Franchise Agreement is terminated, not renewed, or expires, or if Bojangles exercises its option to purchase the restaurant. Bojangles has the right, but not the obligation, to cure any breach of the lease. Any modifications to the lease that affect the Addendum require Bojangles's prior written consent, and the franchisee cannot assign the lease without Bojangles's consent.

Bojangles has no liability or obligation under the lease unless it assumes the lease in writing. If Bojangles assumes the lease, it can further assign it to an affiliate or an approved franchisee. If the Franchise Agreement expires or is terminated, the franchisee is responsible for de-identifying the premises as a Bojangles restaurant. The landlord and franchisee must allow Bojangles to enter the premises to remove any signs, décor, or materials displaying Bojangles's marks if the franchisee fails to do so in a timely manner. These provisions protect Bojangles's brand and operational standards, while also providing a mechanism for Bojangles to maintain control over the restaurant location if the franchisee exits the system.

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.