What happens if a Bojangles franchisee fails to meet the Opening Deadline?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
njoyment, subordination and mutual attornment. Any lease or mortgage for the Restaurant site must be bona fide, and provide financial terms consistent with those prevalent in the area. Any lease for the Restaurant shall provide for a term not less than the term of this Agreement. Franchisee shall use its best efforts to obtain in any lease an option to renew on stated financial terms, which if exercised will, with the initial term, be for a period of not less than twenty (20) years. Unless waived in writing by Franchisor, any lease for the Restaurant site shall contain provisions that satisfy the requirements set forth in the Addendum to Lease Agreement attached to this Agreement as Exhibit D during the entire term of the lease, including any renewal terms.
- D. Upon receipt of a copy of an executed lease or a copy of an executed unconditional contract to purchase the site (or a deed if the site is owned by Franchisee), Franchisor will provide Franchisee with preliminary plans and specifications for the construction of a Bojangles standard, free-standing restaurant building for use by Franchisee and its architect, which must be approved by Franchisor, in preparation of final plans and specifications for the Restaurant to be constructed on the site. Franchisee shall bear the cost of any modifications to the preliminary plans and specifications provided to Franchisee by Franchisor. Final plans and specifications must be approved by Franchisor before the start of construction. Franchisee shall obtain, at its cost, the necessary permits required to construct the Restaurant and shall meet all other applicable requirements established by local statute, local ordinance or otherwise. Franchisee shall commence construction of the Restaurant within two hundred seventy (270) days after the date of Franchisor's written site approval notice ("Construction Commencement Deadline"). Franchisee shall construct, furnish, and open the Restaurant within one hundred eighty (180) days after the
commencement of
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, strict adherence to the Opening Deadline is crucial. The Opening Deadline is the 180-day period after construction commences, within which the franchisee must construct, furnish, and open the restaurant. Failing to meet this deadline constitutes a material, non-curable breach of the Franchise Agreement. This means Bojangles has the right to immediately terminate the agreement by providing written notice to the franchisee.
However, Bojangles franchisees can request an extension of up to six months for the Opening Deadline. This request must be submitted in writing to Bojangles at least 14 calendar days before the deadline. The franchisee must also pay a $2,500 extension fee to compensate Bojangles for costs, expenses, and lost opportunities related to the proposed extension.
Granting an extension is at Bojangles's sole discretion. Bojangles may consider factors such as the franchisee's diligence in developing the restaurant when deciding whether to grant an extension. If Bojangles rejects the extension request, the $2,500 fee will be refunded to the franchisee. It’s important to note that an extension only changes the specific deadline it addresses and does not alter any other deadlines.