What is the Bojangles Franchisor's option if the Developer defaults?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as otherwise provided in Paragraphs VIII.B. and VIII.C. of this Agreement, Developer shall have ten (10) days for a monetary default and thirty (30) days for any other default after its receipt from Franchisor of a written Notice of Default within which to remedy any default hereunder and to provide evidence thereof to Franchisor.
If any such default is not cured within that time, or such longer period as applicable law may require, Franchisor may terminate this Agreement, effective immediately upon Developer's receipt of notice from Franchisor after the expiration of the ten (10) day or thirty (30) day period, as applicable, or such longer period as applicable law may require.
In lieu of termination, Franchisor may, at its discretion, elect any of the remedies set forth in Paragraph VIII.E. hereof.
Developer shall be in default hereunder:
(1) If Developer fails to comply with any of the requirements imposed by this Agreement or fails to carry out the terms of this Agreement in good faith;
(2) If a final judgment against Developer remains unsatisfied or of record for thirty (30) days or longer (unless supersedeas bond is filed);
C. In the event that a quick-service food competitor of Franchisor acquires a controlling interest in Developer without Franchisor's prior written consent, Franchisor shall have the right at its option to terminate this Agreement and all rights granted hereunder without affording Developer any opportunity to cure the default upon ninety (90) days written notice to Developer."]
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, if a Developer defaults, Bojangles has several options. Bojangles can terminate the Development Agreement, effective immediately upon the Developer's receipt of notice, if the default is not cured within ten days for a monetary default or thirty days for any other default after receiving written notice from Bojangles. The cure period may be longer if required by applicable law.
However, instead of terminating the agreement, Bojangles can choose any of the remedies outlined in Paragraph VIII.E of the Development Agreement. The Developer is considered in default if they fail to meet the requirements of the agreement or don't carry out its terms in good faith, or if a final judgment against the Developer remains unsatisfied for thirty days or longer, unless a supersedeas bond is filed.
Additionally, Bojangles has the right to terminate the agreement without allowing the Developer an opportunity to cure the default if a quick-service food competitor acquires a controlling interest in the Developer without Bojangles's prior written consent. This termination is effective upon ninety days written notice to the Developer. These provisions ensure Bojangles can protect its brand and system from potential harm caused by a defaulting developer or a competitor gaining control.