If a Bojangles franchisee develops a new concept related to the Bojangles system, is the franchisee prohibited from implementing it in the restaurant without prior written approval from Bojangles?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
If Franchisee develops any new concepts, processes or improvements relating to the System, whether or not pursuant to a Franchisor authorized test, Franchisee promptly shall notify Franchisor and provide Franchisor with all information regarding the new concept, process or improvement, all of which shall become the property of Franchisor and its affiliates and which may be incorporated into the System without any payment to Franchisee. Franchisee, at its expense, promptly shall take all actions deemed necessary or desirable by Franchisor to vest in Franchisor all ownership of such concepts, processes or improvements. Franchisee shall not implement any new concept, process or improvement in the Restaurant without Franchisor's prior written approval. Testing of any new concept, process or improvement must be conducted under specified "test parameters" that may govern among other things the duration of the test and validation of results as set forth by Franchisor. Any testing of a new product, process or improvement must be deemed safe by Franchisor prior to implementation.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, if a franchisee develops any new concepts, processes, or improvements related to the Bojangles system, they must promptly notify Bojangles and provide all information regarding the new concept. All such developments become the property of Bojangles and its affiliates and may be incorporated into the Bojangles system without any payment to the franchisee.
Furthermore, the franchisee is responsible for taking all actions deemed necessary by Bojangles to legally transfer ownership of these concepts to Bojangles. Most importantly, the franchisee is explicitly prohibited from implementing any new concept, process, or improvement in their Bojangles restaurant without obtaining Bojangles's prior written approval.
Any testing of a new concept, process, or improvement must be conducted under test parameters set by Bojangles, which may include the duration of the test and validation of results. Bojangles must also deem any new product, process, or improvement safe before it can be implemented. This clause ensures that Bojangles maintains control over its system and brand standards, even regarding franchisee-developed innovations.