Does the Bojangles franchisee represent and warrant that they have not assigned any claims released by the agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee represents and warrants that: (1) it is aware that it may in the future learn of facts in addition to or different from those which it now knows or believes to be true with respect to the subject matter of this paragraph, but that nonetheless, it is its intention to fully, finally, and forever settle and release all Claims; and (2) it has not assigned any Claims released by this paragraph.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the franchisee does indeed represent and warrant that they have not assigned any claims released by the franchise agreement. Specifically, the franchisee confirms that they have not transferred any of their rights to pursue legal claims to another party. This assurance is part of a broader release where the franchisee agrees to release Bojangles from any existing or future claims.
This provision is included to ensure that Bojangles is protected from potential liabilities arising from past events or circumstances. By warranting that they have not assigned any claims, the franchisee confirms that they are the sole party entitled to bring any such claims, and that Bojangles will not face legal action from an unexpected third party who might have acquired those rights. This clause aims to provide clarity and prevent future legal complications.
For a prospective Bojangles franchisee, this means understanding the full scope of the claims they are releasing and ensuring they have not previously assigned any of those claims. It is crucial to conduct a thorough review of any past agreements or actions that might affect this representation. Failure to comply with this warranty could have legal ramifications and potentially void the release agreement, exposing the franchisee to unforeseen liabilities.