If a Bojangles franchisee ceases operations, what options does Bojangles have besides immediate termination?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- (8) If Franchisee ceases to operate or otherwise abandons, or attempts to cease to operate or abandon, the Restaurant or enters into an agreement to sell, or sells, or purports or attempts to sell, the real property upon which the Restaurant is situated, or substantially all right, title and interest in and to the Restaurant or real property lease, or substantially all of the assets of Franchisee or of the Restaurant, without Franchisor's prior written consent; provided, however, that upon the occurrence of any of the foregoing events, Franchisor may, in lieu of immediate termination of this Agreement, request from Franchisee, a statement of intentions and assurances that no event in breach of this Agreement is so contemplated, which statement and assurances shall be delivered in writing within twenty-four (24) hours of Franchisor's request.
In addition Franchisor may request, and Franchisee shall provide within five (5) business days thereafter, a performance bond from Franchisee, the amount of such bond and the issuing entity to be solely at Franchisor's reasonable discretion.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, if a franchisee ceases to operate or abandons the restaurant, Bojangles, in lieu of immediate termination, can request a statement of intentions and assurances from the franchisee. This statement must be delivered in writing within 24 hours of Bojangles's request.
Additionally, Bojangles has the option to request a performance bond from the franchisee. The amount of this bond and the issuing entity are determined solely at Bojangles's reasonable discretion. This provides Bojangles with a financial safeguard and an assurance of the franchisee's commitment to rectifying the situation.
These options allow Bojangles to assess the situation, potentially avoid termination, and ensure the continued operation and brand integrity of the franchise. By requiring a statement of intent and a performance bond, Bojangles can mitigate risks associated with a franchisee's operational difficulties while also providing an opportunity for the franchisee to demonstrate their commitment to resolving the issues.