What happens if a Bojangles franchisee fails to meet the Site Approval Deadline?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
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, failing to meet the Site Approval Deadline constitutes a material breach of the franchise agreement. Specifically, if a franchisee does not obtain written approval from Bojangles for the restaurant site within 180 days of the agreement's effective date, Bojangles has the right to immediately terminate the agreement by providing written notice. This highlights the critical importance of adhering to the established deadlines in the franchise agreement.
However, Bojangles does provide an opportunity for franchisees to request an extension. A franchisee can submit a written request to Bojangles for an extension of up to six months for the Site Approval Deadline, Construction Commencement Deadline, and/or Opening Deadline. This request must be accompanied by a lump-sum extension fee of $2,500, which compensates Bojangles for its costs, expenses, and lost opportunities related to the proposed extension. The extension request must be received at least 14 calendar days before the deadline.
Granting an extension is at Bojangles's sole discretion, and they will determine the length of the extension if approved. 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 is important to note that extensions only modify the specific deadline for which they are granted and do not affect other deadlines.