Is a Bojangles franchisee required to comply with price restrictions that Bojangles promulgates in connection with Special Promotions, and under what conditions?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
Franchisor will consult with Franchisor's Franchise Advisory Council regarding upcoming Special Promotions.
Franchisee shall comply with Franchisor's implementation requirements regarding the Special Promotions.
Franchisee shall be solely responsible for any costs and expenses associated with the Special Promotions, including the purchase of any inventory or supplies needed or required to implement the Special Promotions.
To the extent permitted by applicable law, Franchisee will comply with any price restriction that Franchisor may promulgate in connection with the Special Promotions.
- G.
Franchisor may require Franchisee to participate in multi-channel marketing platforms approved by Franchisor (the "Multi-Channel Programs").
The Multi-Channel Programs will require Franchisee's cooperation and participation, including, without limitation, Franchisee refraining from certain channels of marketing and distribution, and Franchisee's payment of commissions or referral fees.
Franchisor will designate the multi-channel platform, method and timing of payment, and any outside agencies for the Multi-Channel Programs.
To the extent permitted by applicable law, Franchisee will comply with any price restriction that Franchisor may promulgate in connection with the Multi-Channel Programs.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, franchisees must comply with price restrictions that Bojangles sets for Special Promotions, but only to the extent permitted by applicable law. This means that if local or national laws prevent Bojangles from setting prices, the franchisee is not obligated to follow those restrictions. Bojangles consults with its Franchise Advisory Council regarding upcoming Special Promotions. Franchisees are responsible for all costs and expenses related to these promotions, including inventory and supplies.
Bojangles may also require franchisees to participate in multi-channel marketing platforms, which could involve further price restrictions. Similar to Special Promotions, compliance with price restrictions in these multi-channel programs is contingent on applicable laws. Franchisees must cooperate and participate in these programs, potentially refraining from certain marketing channels and paying commissions or referral fees.
For a prospective franchisee, this means that while Bojangles has the right to set price restrictions for promotions and marketing programs, the franchisee's obligation to comply depends on the legality of such restrictions in their specific location. It is important for potential franchisees to understand the laws in their area regarding price setting and to discuss these issues with Bojangles before signing the franchise agreement.