factual

If the Developer's obligations were guaranteed, what must the transferee do regarding the guarantee when transferring a Bojangles franchise?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (d) The transferee shall enter into a written assignment, under seal and in a form satisfactory to Franchisor, assuming and agreeing to discharge all of Developer's obligations under this Agreement; and, if the obligations of Developer were guaranteed by the transferor, the transferee shall guarantee the performance of all such obligations in writing in a form satisfactory to Franchisor;

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

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, if the obligations of a Bojangles Developer were guaranteed by the transferor, the transferee must also guarantee the performance of all such obligations in writing. This written guarantee must be in a form that is satisfactory to Bojangles.

In simpler terms, this means that if the original Developer had someone guaranteeing their financial or performance obligations under the Development Agreement, the person or entity taking over the agreement (the transferee) must also provide a written guarantee. This ensures that Bojangles has a continued assurance of performance and financial backing even after the transfer of the development rights.

This requirement is a standard practice in franchising to protect the franchisor's interests and maintain the integrity of the franchise system. By requiring a guarantee from the transferee, Bojangles aims to minimize the risk of default or non-performance by the new Developer. Prospective franchisees should carefully review the terms of the guarantee and ensure they understand the full extent of their obligations before proceeding with the transfer.

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.