What happens if a Bojangles franchisee ceases to operate the restaurant?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
open, and within one (1) year of the final condemnation determination opens, a substitute Restaurant on a new site approved by Franchisor;
- (8) If Franchisee ceases to operate or otherwise abandons, or attempts to cease to operate or abandon, the Restaurant or enters into an agreement to sell, or sells, or purports or attempts to sell, the real property upon which the Restaurant is situated, or substantially all right, title and interest in and to the Restaurant or real property lease, or substantially all of the assets of Franchisee or of the Restaurant, without Franchisor's prior written consent; provided, however, that upon the occurrence of any of the foregoing events, Franchisor may, in lieu of immediate termination of this Agreement, request from Franchisee, a statement of intentions and assurances that no event in breach of this Agreement is so contemplated, which statement and assurances shall be delivered in writing within twenty-four (24) hours of Franchisor's request. In addition Franchisor may request, and Franchisee shall provide within five (5) business days thereafter, a performance bond from Franchisee, the amount of such bond and the issuing entity to be solely at Franchisor's reasonable discretion.
- (9) If any other Franchise Agreement or Development Agreement for Bojangles restaurants or any other agreements with Franchisor or its affiliates entered into by Franchisee or its affiliates (or any beneficial owner(s) of Franchisee or its affiliates) is terminated based upon Franchisee's or its affiliates' (or any beneficial owner(s) of Franchisee's or its affiliates') default thereunder;
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- (10) If Franchisee, after curing a default pursuant to Paragraph XIV.C. hereof, commits the same, or a substantially similar, default again within one hundred eighty (180) days after the prior default occurred, whether or not cured after notice; or
- (11) If Franchisee repeatedly is in default under Paragraph XIV.C. hereof for failure to comply with any of the requirements imposed by this Agreement, whether or not cured after notice.
- C. Except as otherwise provided in Paragraphs XIV.A. and XIV.B. of this Agreement, Franchisee 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 Franchisee'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. Franchisee shall be in default hereunder for any failure to comply with any of the requirements imposed by this Agreement, including any matter enumerated in this Paragraph XIV.C., as it may from time to time reasonably be supplemented by the Manual, or to carry out the terms of this Agreement in good faith. Such defaults shall include, for example, but without limitation, the occurrence of any of the following events:
- (1) If Franchisee fails, refuses, or neglects promptly to pay any monies owing to Franchisor or its parents, subsidiaries or affiliates when due, or to submit the financial or other information required by Franchisor under this Agreement;
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles' 2025 Franchise Disclosure Document, if a franchisee ceases to operate or abandons their restaurant, or attempts to do so, without prior written consent from Bojangles, several actions may occur. Instead of immediate termination, Bojangles may request a statement of intentions and assurances from the franchisee, which must be delivered in writing within 24 hours. Additionally, Bojangles may request a performance bond from the franchisee, with the amount and issuing entity determined at Bojangles' discretion.
Furthermore, upon the termination of the Franchise Agreement, Bojangles has the right to immediately enter, take possession of, and operate the restaurant to maintain continuous operation and promote the best interests of the Bojangles system. If Bojangles chooses to lease the property, the franchisee will lease the land and building to Bojangles using their standard lease form. Bojangles will also purchase the equipment, inventory, and supplies at their depreciated net tangible book value.
Net annual rental payments will be the higher of 14% of the depreciated net tangible book value of the land and building, or 6.5% of Gross Sales up to the Gross Sales amount for the preceding 12 months, and 5% of Gross Sales exceeding that amount. Bojangles must exercise its right to purchase the franchised business within 60 days after the termination date, the date it takes possession of the Restaurant, or 10 days after any litigation contesting the termination is resolved. If Bojangles has taken possession, it must either purchase the restaurant or vacate the premises within this period. During any contest of termination validity, the party operating the restaurant does so for the benefit of the prevailing party and must account for and pay over any profits earned to the other party if the other party prevails.