What are the Bojangles franchisee's obligations if the restaurant is affected by condemnation?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- (8) If Franchisee shall cause, suffer, or permit (voluntarily or involuntarily) its right to or possession of the premises on which the Restaurant is located to be terminated prematurely for any cause whatsoever; or if Franchisee shall be in material default under the lease for the premises on which the Restaurant is located, or shall be in material default under any mortgage with respect to the property on which the Restaurant is located, provided, however, that Franchisee shall not be in breach of this provision if a condemnation proceeding affecting the premises upon which the Restaurant is situated occurs which makes it impossible or infeasible for Franchisee to continue to operate the Restaurant at its present location, and within thirty (30) days after the final condemnation determination Franchisee provides Franchisor with notice of its
intention to open, and within one (1) year of the final condemnation determination opens, a substitute Restaurant on a new site approved by Franchisor;
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, a franchisee will not be in breach of their agreement if a condemnation proceeding affects the restaurant premises, making it impossible or infeasible to continue operations. However, the franchisee has obligations to meet in order to maintain good standing with Bojangles.
Specifically, the franchisee must provide Bojangles with notice of their intention to open a substitute restaurant within thirty days after the final condemnation determination. This notification ensures Bojangles is aware of the franchisee's plans to continue operating a restaurant under the Bojangles brand.
Furthermore, the franchisee is required to open a substitute Bojangles restaurant on a new site approved by Bojangles within one year of the final condemnation determination. This ensures that the franchisee remains active in the Bojangles system and continues to uphold the brand's presence in the market. Failure to meet these conditions could potentially result in a breach of the franchise agreement.