If a Bojangles Developer Agreement is terminated, does the Developer have the right to establish or operate any Restaurant for which a Franchise Agreement has not been executed by Bojangles Franchisor and delivered to Developer at the time of termination?

According to Bojangles' 2025 Franchise Disclosure Document, if the Developer Agreement is terminated, the developer does not have the right to establish or operate any Bojangles restaurant for which a Franchise Agreement has not been executed by Bojangles and delivered to the developer at the time of termination. Bojangles has the right to establish, and to license others to establish, restaurants in the assigned area, unless otherwise provided under any other agreement in effect between Bojangles and the developer.

This means that a prospective Bojangles developer should be aware that their rights to open new locations are contingent on maintaining an active and valid Developer Agreement. If the agreement is terminated for any reason, the developer loses the right to open any restaurants that have not already been formally approved through a signed Franchise Agreement. This provision protects Bojangles' interests by preventing a terminated developer from capitalizing on the brand's name and system without adhering to the franchise's standards and requirements.

For a potential Bojangles franchisee, this highlights the importance of fulfilling all obligations under the Development Agreement to avoid termination. It also emphasizes the need to secure Franchise Agreements promptly for planned locations to ensure the ability to open those restaurants. This clause ensures that Bojangles maintains control over its brand and expansion, even in the event of a dispute or termination with a developer.