Can the Franchisor, Bojangles Opco, LLC, be a DMA Member?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Each of the Members of each DMA do hereby agree to indemnify and hold harmless Franchisor in respect to all losses, claims, or liabilities that may result from actions of such Member's DMA, including without limitation, the nonpayment of media sources (except no indemnity is intended as to any contributions which may be due from Franchisor as a DMA Member).
OVERALL STRATEGY: The functions set forth hereunder shall be carried out in such manner as to comply with the overall marketing strategies and guidelines of Franchisor for use of the Bojangles trademark and logo.
All DMA Advertising, in any media, shall be conducted in a dignified manner and shall conform to such standards and requirements as Franchisor may specify from time to time in writing.
Franchisor may, at its option, require that any advertising be submitted to Franchisor for its prior written approval.
Each DMA Member agrees that advertising created by or for DMA Advertising and advertising utilized by the DMA Membership shall be subject to all applicable provisions contained in the Franchise Agreements, including without
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the franchisor, Bojangles Opco, LLC, can be a DMA member. Specifically, the document states that each of the members of each DMA agrees to indemnify and hold harmless the franchisor in respect to all losses, claims, or liabilities that may result from actions of such member's DMA, with the exception that no indemnity is intended as to any contributions which may be due from the franchisor as a DMA member. This implies that Bojangles Opco, LLC can indeed be a member of the DMA and, as such, may be required to make contributions.
This arrangement has implications for prospective franchisees. It suggests that Bojangles, as the franchisor, may participate in local advertising and marketing efforts through the DMA. Franchisees should be aware that the franchisor's participation could influence the DMA's strategies and decisions. Additionally, franchisees should understand their obligations to indemnify the franchisor against losses resulting from the DMA's actions, except for contributions owed by the franchisor itself.
Furthermore, the FDD indicates that the franchisor has the right to discontinue the operation of cooperative advertising programs within the DMA and require the return of all funds to each respective contributor to the extent these funds have not been expended or obligations created. This provision grants Bojangles significant control over the DMA's advertising activities and finances, which could impact franchisees' local marketing efforts. Franchisees should carefully consider these factors and seek clarification from Bojangles regarding the franchisor's role and influence within the DMA.