Does the Franchisor provide any warranty regarding the accuracy or completeness of the confidential information provided to the recipient for a Bojangles franchise?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. No Warranty. Although Recipient understands that Franchisor has endeavored to include in the Confidential Information material known to it which it believes to be relevant for Recipient's purposes, Recipient further understands that Franchisor and the Franchisor Parties do not make any representation or warranty as to the accuracy or completeness of the Confidential Information. Recipient further acknowledges that Franchisor and the Franchisor Parties have not and will not make representations or warranties as to the potential sales at a Bojangles restaurant and no information supplied by Franchisor or the Franchisor Parties shall be construed as a prediction of future sales. Recipient agrees that neither Franchisor nor the Franchisor Parties nor any of their respective representatives shall have any liability to Recipient, Recipient's representatives or any other person resulting from the use of the Confidential Information.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, Bojangles does not provide any warranty regarding the accuracy or completeness of the confidential information provided to a potential franchisee. The FDD states that while Bojangles aims to include relevant material in the confidential information, it does not guarantee its accuracy or completeness.
This means that a prospective Bojangles franchisee must understand that the information provided by Bojangles regarding the franchise opportunity is not warranted to be fully accurate or complete. Franchisees cannot hold Bojangles liable for any issues arising from the use of this confidential information. This lack of warranty is a standard practice in franchising, as franchisors often provide information based on their best knowledge but cannot guarantee future outcomes or the absolute correctness of all data.
Furthermore, the FDD explicitly states that Bojangles makes no representations or warranties regarding potential sales at a Bojangles restaurant. Any information supplied by Bojangles should not be interpreted as a prediction of future sales performance. This reinforces the need for franchisees to conduct their own independent research and due diligence to assess the potential profitability of a Bojangles franchise.
Given this disclaimer, it is crucial for potential Bojangles franchisees to conduct thorough due diligence. This includes verifying information through independent sources, consulting with financial advisors and experienced franchisees, and carefully reviewing all aspects of the franchise agreement. Understanding the limitations of the provided information and taking proactive steps to validate the opportunity is essential for making an informed investment decision.