For a Bojangles franchise, who is required to sign a Guarantee agreeing to be bound by the terms and conditions of the Development Agreement and Franchise Agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5. Guarantors. Each individual who owns an interest in Prospective Franchisee must sign a Guarantee agreeing to be bound by all the terms and conditions of the Development Agreement and Franchise Agreement, as applicable.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, each individual who owns an interest in a prospective Bojangles franchisee entity must sign a Guarantee. This Guarantee legally binds them to the terms and conditions outlined in both the Development Agreement and the Franchise Agreement.
In essence, this requirement means that if the franchisee is a corporation, LLC, or other business entity, each individual with an ownership stake is personally guaranteeing the entity's obligations to Bojangles. This is a common practice in franchising, as it provides the franchisor with additional security and recourse in case of default or breach of contract by the franchisee entity.
The Guarantee ensures that Bojangles can pursue the personal assets of the individual owners if the franchisee entity fails to meet its financial or contractual obligations. Prospective franchisees should carefully consider this personal liability and consult with legal and financial advisors to fully understand the implications before signing the Guarantee and entering into a franchise agreement with Bojangles.