Can the Franchisee assign the lease for a Bojangles restaurant without the Franchisor's consent?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
of the Lease and, if so stated in the notice, to also succeed to Franchisee's rights, title and interests thereunder.
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- Terms of the Lease that relate to or impact this Addendum may not be modified without Franchisor's prior written consent. The Lease may not be assigned by Franchisee without Franchisor's prior written consent.
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- Franchisee and Landlord acknowledge and agree that Franchisor shall have no liability or obligation whatsoever under the Lease unless and until Franchisor assumes the Lease in writing pursuant to Section 2 or Section 3, above.
- Bojangles Development Agreement 04/25 6.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the franchisee is not allowed to assign the lease without prior written consent from Bojangles. Specifically, the lease agreement contains an addendum that addresses the rights and obligations of the franchisee, landlord, and Bojangles concerning the restaurant premises.
This requirement ensures that Bojangles maintains control over the location of its franchises. By requiring consent, Bojangles can prevent franchisees from transferring the lease to unsuitable parties or locations that do not meet the brand's standards. This protects the consistency and reputation of the Bojangles brand.
However, Bojangles, under certain conditions, can assign the lease without the landlord's consent. If Bojangles assumes the lease, it can further assign the lease to an affiliate or another approved franchisee, provided that the new franchisee meets Bojangles's requirements and executes a franchise agreement with them. This provision allows Bojangles flexibility in managing its franchise network and ensures business continuity if the original franchisee exits the business.