Is a Bojangles franchisee obligated to participate in regional cooperative advertising programs?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
materials, telephone book advertising, stationery, or restaurant indoor or outdoor site location signs.
- B. Recognizing the value of cooperative national and regional advertising and marketing, and the importance of standardizing such programs to further enhance the national goodwill and public image of the Bojangles System, Franchisor reserves the right and may in its sole discretion require Franchisee to participate along with other franchisees in regional cooperative advertising organizations or programs, established from time to time currently or in the future by Franchisor or by other franchisees for the purpose of advertising and promoting the Bojangles System. In the event of the formation of such cooperative advertising groups, and Franchisee's participation therein, Franchisor shall permit Franchisee to credit a portion of the amount required to be expended for local and regional advertising in Paragraph XI.A. above to any regional program established by any such cooperative arrangement.
- C. If Franchisee has failed to make or report the expenditure of the three percent (3%) of Gross Sales as required in Paragraph XI.A. above in any quarter or if Franchisee shall fail to participate in a cooperative advertising program after request by Franchisor as required in Paragraph XI.B.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, franchisees may be required to participate in regional cooperative advertising programs. Bojangles reserves the right to mandate participation in these programs, which are established to promote the Bojangles system. These programs may be created either by Bojangles itself or by other franchisees.
If a franchisee participates in a cooperative advertising program, they can credit a portion of their required local and regional advertising expenditure towards the regional program. The standard requirement is that franchisees spend at least three percent of their gross sales on local and regional media advertising.
If a Bojangles franchisee fails to participate in a cooperative advertising program after being requested by Bojangles, they must pay Bojangles three percent of the restaurant's gross sales. This condition underscores the importance Bojangles places on cooperative advertising to maintain brand consistency and public image.