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What happens if the Managing Owner of a Bojangles franchise is unable or unwilling to continue their obligations?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

  • C. Franchisee shall designate an individual to serve as Franchisee's "Managing Owner", subject to the following conditions:
  • (1) The Managing Owner shall own a majority equity interest in Franchisee during the entire period s/he serves as Managing Owner. If Franchisee does not have an owner with a majority equity interest, the Managing Owner shall own the next highest percentage equity interest in Franchisee during the entire period s/he serves as Managing Owner;
  • (2) The Managing Owner will be the person with whom Franchisor will communicate and will have the authority to bind Franchisee with respect to all financial, operational and legal matters related to the Franchised Business and this Agreement. The Managing Owner may also serve as Franchisee's Designated Operator as defined below provided that the Managing Owner meets the criteria for both positions independently;
  • (3) The Managing Owner must attend and successfully complete, to Franchisor's satisfaction, the initial training program offered by Franchisor;
  • (4) The Managing Owner shall execute this Agreement, and shall be individually bound by all obligations of Franchisee hereunder;
  • (5) No person shall become a Managing Owner unless approved by Franchisor; and
  • (6) The Managing Owner as of the Effective Date is identified on Exhibit A. If the Managing Owner is unable, or elects not, to continue to meet his/her obligations hereunder, or if, in Franchisor's sole discretion, the Managing Owner no longer qualifies to act as such, Franchisee shall promptly designate another Managing Owner subject to the same conditions and qualifications listed above. Franchisee's replacement Managing Owner must successfully

complete Franchisor's initial training program within one hundred eighty (180) days after being appointed as Franchisee's Managing Owner.

Source: Item 23 — RECEIPTS (FDD pages 82–573)

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, if the Managing Owner is unable or unwilling to continue meeting their obligations, or if Bojangles, in its sole discretion, determines that the Managing Owner no longer qualifies to act as such, the franchisee must promptly designate another Managing Owner.

The replacement Managing Owner must meet the same conditions and qualifications as the original. This includes owning a majority equity interest (or the next highest percentage if no majority owner exists), being the primary contact with Bojangles, having the authority to bind the franchisee on all matters, and being approved by Bojangles. The replacement Managing Owner is also required to execute the Franchise Agreement and be individually bound by its obligations.

Furthermore, the replacement Managing Owner must successfully complete Bojangles's initial training program within 180 days of being appointed. This ensures that the new Managing Owner is adequately prepared to manage the franchise according to Bojangles's standards and procedures. This requirement is in place to maintain consistency and quality across all Bojangles franchises, and failure to comply could potentially lead to operational issues or a breach of the franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.