factual

After the Bojangles franchise is terminated or expires, for how long is involvement prohibited in any restaurant business that competes with a Bojangles Restaurant within the franchisee's assigned area?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

Provision Section in Agreement Summary
r. Non-competition FA: Section XVI. No involvement for 2 years in any restaurant business
covenants after the IFA: Section XVII. that competes with any Bojangles Restaurant or which
franchise is terminated RFA: Section XVI. sells fried chicken, biscuits and/or biscuit sandwiches or
or expires other items which are featured menu items at Bojangles
Restaurants within 10 miles of your Restaurant or any
Bojangles Restaurant that is open, planned for
construction or under construction as of the termination
or expiration of the agreement; no involvement in any
fast food restaurant business located within 10 miles of
the Restaurant or any Bojangles Restaurant that is open,
planned for construction or under construction as of the
termination or expiration of the agreement or within the
DMA within which your Restaurant is located.
EFA: Same as above and no food service operations for
3 years at or from the Restaurant site / facility, including
restaurant or catering services, that sell chicken and/or
biscuits.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 55–63)

What This Means (2025 FDD)

According to Bojangles' 2025 Franchise Disclosure Document, franchisees are subject to a non-compete covenant for a period of two years after the franchise is terminated or expires. This prevents them from being involved in any restaurant business that competes with a Bojangles Restaurant. The restriction applies to businesses that sell fried chicken, biscuits, biscuit sandwiches, or other featured menu items within the franchisee's assigned area. It also extends to any area within 10 miles of a Bojangles Restaurant that is open, planned for construction, or under construction as of the termination or expiration date.

This non-compete agreement also restricts involvement in any fast food restaurant business located within the franchisee's assigned area. The restriction also applies to any area within 10 miles of a Restaurant developed under the Development Agreement or any Bojangles Restaurant that is open, planned for construction, or under construction as of the termination or expiration of the agreement.

For franchisees with an Express Franchise Agreement (EFA), there is an additional restriction. They cannot operate any food service operations for three years at or from the Restaurant site or facility. This includes restaurant or catering services that sell chicken and/or biscuits. These post-term non-compete clauses are typical in the franchise industry to protect the brand and market share of the franchisor.

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.