If a Bojangles franchisee fails to comply with the confidentiality requirements outlined in Paragraph XI of the franchise agreement, who is responsible for paying the court costs and reasonable attorneys' fees incurred by Bojangles in obtaining specific performance or an injunction?

According to Bojangles's 2025 Franchise Disclosure Document, the franchisee is responsible for covering court costs and reasonable attorney's fees incurred by Bojangles if the franchisee fails to comply with the confidentiality requirements outlined in Paragraph XI of the franchise agreement. This obligation arises if Bojangles seeks specific performance or an injunction against the franchisee for violating these confidentiality terms.

This provision means that a Bojangles franchisee must diligently protect the confidential information provided by Bojangles, which includes processes, procedures, recipes, formulas, and other proprietary information. Unauthorized disclosure or use of this information can lead to legal action by Bojangles. The franchisee would then be liable for not only their own legal expenses but also Bojangles's costs associated with enforcing the confidentiality agreement.

Franchisees should be aware of the scope of confidential information and ensure that their employees are also trained and obligated to maintain confidentiality. This requirement extends both during the term of the franchise agreement and even after its expiration or termination. Therefore, franchisees must implement robust measures to safeguard Bojangles's proprietary information to avoid potential legal liabilities.