Is a Bojangles franchisee considered in default if they disclose confidential information from the manual, and what action can Bojangles take?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- (4) If, contrary to the terms of Paragraph IX. or X. hereof, Franchisee discloses or divulges the contents of the Manual or other confidential information provided to Franchisee by Franchisor;
C. Franchisee acknowledges that any failure to comply with the requirements of this Paragraph X. will cause irreparable injury to Franchisor, and Franchisee agrees to pay all court costs and reasonable attorneys' fees incurred by Franchisor in obtaining specific performance of, or an injunction against violation of, the requirements of this Paragraph X.
Franchisor specifically retains the right to make additions or changes to the beverage product brands offered by Franchisee.
Franchisee agrees to utilize the e-mail address provided by Franchisor and to utilize the Bojangles electronic portal, and review its content regularly for purposes of receiving updates, notice of Manual or policy changes and other communications from Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, a franchisee is considered in default if they disclose or divulge the contents of the manual or other confidential information provided by Bojangles. This is explicitly stated as a condition that triggers default under the franchise agreement.
Bojangles outlines specific actions it can take if a franchisee breaches the confidentiality clauses. The franchisee acknowledges that failure to comply with the confidentiality requirements will cause irreparable injury to Bojangles. Consequently, the franchisee agrees to cover all court costs and reasonable attorney's fees incurred by Bojangles in pursuing specific performance or seeking an injunction against the violation. This means Bojangles can seek legal remedies to prevent further disclosure and recover associated legal expenses.
Furthermore, Bojangles retains the right to make additions or changes to the beverage product brands offered by the franchisee, indicating ongoing control over brand standards and offerings. The franchisee is also obligated to utilize the email address provided by Bojangles and regularly review the Bojangles electronic portal for updates, changes to the manual or policies, and other communications from Bojangles, ensuring they stay informed of any modifications to the system. These measures collectively protect Bojangles's confidential information and operational standards, with clear consequences for franchisees who fail to uphold these obligations.