If the Addendum is terminated, what is the effect on the Developer's ability to receive equipment reimbursement incentives from Bojangles?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Effect of Termination. If this Addendum is terminated, then Developer will not be entitled to receive any further equipment reimbursement incentives under the Program for future Qualifying Restaurants that Developer develops.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the termination of the Equipment Reimbursement Incentive Program Addendum has direct consequences for a developer's eligibility to receive equipment reimbursement incentives. Specifically, if the Addendum is terminated, the developer will not be entitled to receive any further equipment reimbursement incentives under the Program for future Qualifying Restaurants that the Developer develops. This means that any restaurants opened after the termination of the addendum will not qualify for the reimbursement of equipment costs, which Bojangles may offer up to $300,000 for each eligible Qualifying Restaurant.
The Addendum can be terminated without notice or opportunity to cure if the developer fails to open any restaurant by the date in the Development Schedule, or if the developer receives a written notice of default under the Development Agreement, any Franchise Agreement, or any other agreement with Bojangles or its affiliates and fails to cure the default within the applicable cure period.
This provision underscores the importance of adhering to the Development Schedule and maintaining compliance with all agreements with Bojangles. For a prospective Bojangles franchisee, this highlights the need for careful planning and execution of the development schedule to avoid losing the potential equipment reimbursement incentives. It also emphasizes the importance of addressing any defaults promptly to prevent termination of the Addendum and the loss of these incentives.