If a condemnation proceeding affects a Bojangles restaurant, how long does the franchisee have to open a substitute restaurant?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- (8) If Franchisee shall cause, suffer, or permit (voluntarily or involuntarily) its right to or possession of the premises on which the Restaurant is located to be terminated prematurely for any cause whatsoever; or if Franchisee shall be in material default under the lease for the premises on which the Restaurant is located, or shall be in material default under any mortgage with respect to the property on which the Restaurant is located, provided, however, that Franchisee shall not be in breach of this provision if a condemnation proceeding affecting the premises upon which the Restaurant is situated occurs which makes it impossible or infeasible for Franchisee to continue to operate the Restaurant at its present location, and within thirty (30) days after the final condemnation determination Franchisee provides Franchisor with notice of its
intention to open, and within one (1) year of the final condemnation determination opens, a substitute Restaurant on a new site approved by Franchisor;
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, a franchisee has one year to open a substitute restaurant if a condemnation proceeding affects their restaurant. Specifically, if a condemnation proceeding makes it impossible or infeasible to continue operating at the current location, the franchisee is not in breach of the franchise agreement if they meet certain conditions.
First, the franchisee must provide Bojangles with notice of their intention to open a substitute restaurant within 30 days after the final condemnation determination. Second, the franchisee must open the substitute restaurant on a new site approved by Bojangles within one year of the final condemnation determination.
This clause protects the franchisee from being in breach of contract due to circumstances outside of their control, provided they act quickly to notify Bojangles and commit to opening a new location within the specified timeframe. The new site is subject to Bojangles's approval, ensuring it meets their standards and strategic objectives.