factual

If Bojangles exercises its option for a transferee to execute the then-current standard franchise agreement, is the transferee required to pay an initial franchise fee?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

and agreeing to discharge all of Franchisee's obligations under this Agreement; and, if the obligations of Franchisee were guaranteed by the transferor, the transferee shall guarantee the performance of all such obligations in writing in a form satisfactory to Franchisor;

  • (e) The transferee shall demonstrate to Franchisor's satisfaction that the transferee meets Franchisor's educational, managerial, and business standards; possesses a good moral character, business reputation, and credit rating; has the aptitude and ability to conduct the Franchised Business herein (as may be evidenced by prior related business experience or otherwise); and has adequate financial resources and capital to operate the Franchised Business;
  • (f) At Franchisor's option, the transferee shall execute (and/or, upon Franchisor's request, shall cause all interested parties to execute), for a term ending on the expiration date of this Agreement, the then-current standard form of franchise agreement being offered to new System franchisees and other ancillary agreements, including a guarantee of such agreement executed by all shareholders or members of the transferee, as Franchisor may require for the Franchised Business, which agreements shall supersede this Agreement in all respects and the terms of which agreements may differ from the terms of this Agreement, including, without limitation, a higher percentage royalty rate and advertising contribution; provided, however, that the transferee shall not be required to pay an initial franchise fee;
  • (g) At Franchisor's sole discretion, the transferee, at its expense, shall upgrade the Restaurant to conform to the then-current standards and specifications of System Restaurants, and shall complete the upgrading and other requirements within the time specified by Franchisor;
  • (h) Franchisee shall remain liable for all of its obligations to Franchisor in connection with the Franchised Business prior to the effective date of the transfer, and shall execute any and all instruments reasonably requested by Franchisor to evidence such liability;
  • (i) At the transferee's expense, transferee's Managing Owner, Designated Operator, and managers, shall complete any training and certification programs then in effect for franchisees upon such terms and conditions as Franchisor may reasonably require; and
  • (j)

Source: Item 22 — CONTRACTS (FDD page 82)

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, a transferee is not required to pay an initial franchise fee if Bojangles exercises its option for the transferee to execute the then-current standard franchise agreement. However, several conditions must be met for a transfer to occur.

The transferee must demonstrate to Bojangles's satisfaction that they meet the brand's educational, managerial, and business standards. They must also possess a good moral character, business reputation, and credit rating, and have the aptitude and ability to conduct the franchised business. Adequate financial resources and capital to operate the franchised business are also a must.

Bojangles, at its sole discretion, may require the transferee to upgrade the restaurant to conform to the then-current standards and specifications of system restaurants within a specified time frame. The transferee's Managing Owner, Designated Operator, and managers must complete any training and certification programs then in effect for franchisees. Additionally, the franchisee (the seller) must pay Bojangles a transfer fee of $5,000 per restaurant to cover the costs associated with reviewing the transfer application.

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.