factual

If the Bojangles development addendum is terminated, what immediate financial obligation does the developer have to Bojangles?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

  • B. Effect of Termination. If this Addendum is terminated, then:
    • (1) Developer will not be entitled to receive any further development incentives under the Program, including the Franchise Fee Reduction and the Royalty Fee Reduction for future Restaurants that Developer develops;
    • (2) The Developer must immediately pay Franchisor an amount equal to the Franchise Fee Reduction Developer received for any Qualifying Restaurant; and (3) The Royalty Fee Reduction for any Qualifying Restaurant will immediately terminate and Developer must immediately begin paying Franchisor a royalty fee at the standard rate specified in the Franchise Agreement for the Qualifying Restaurant.

4. Termination of Addendum.

  • A. Grounds for Termination. This Addendum, and the equipment reimbursement incentives offered pursuant to this Addendum, shall terminate without notice to Developer, and without any opportunity to cure, if:
    • (1) Developer fails to open any Restaurant on or before the applicable date set forth in the Development Schedule; or
    • (2) Developer and/or any of Developer's affiliates receive a written notice of default under the Development Agreement, any Franchise Agreement or any other agreement with Franchisor or its affiliates and fail to cure the default within the applicable cure period, if any.
  • 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 financial obligations of a developer to Bojangles upon termination of the Development Incentive Program Addendum depend on the type of incentive program.

If the addendum terminated is related to the Development Incentive Program, the developer must immediately pay Bojangles an amount equal to the Franchise Fee Reduction they received for any Qualifying Restaurant. Additionally, the Royalty Fee Reduction for any Qualifying Restaurant will immediately terminate, and the developer must start paying Bojangles the standard royalty fee specified in the Franchise Agreement.

However, if the addendum terminated is the Equipment Reimbursement Incentive Program Addendum, the developer will not be entitled to receive any further equipment reimbursement incentives under the Program for future Qualifying Restaurants that the Developer develops. There is no mention of immediate financial obligations to Bojangles in this case.

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.