If a Bojangles franchisee is a resident of Illinois, how does this affect the Franchise Agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
- 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Individual Franchise Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to Franchisee was made in the State of Illinois; (B) Franchisee is a resident of the State of Illinois; and/or (C) the Restaurant will be located and/or operated in the State of Illinois.
- 2. The following sentence is added at the end of Section XXV.A. of the Individual Franchise Agreement:
- Notwithstanding the foregoing, Illinois law shall govern this Agreement.
- 3. The following sentence is added to the end of Section XXV.B. of the Individual Franchise Agreement:
- Section 4 of the Illinois Franchise Disclosure Act provides that any provision in a franchise agreement that designates jurisdiction or venue in a forum outside of Illinois is void with respect to any cause of action that otherwise is enforceable in Illinois.
- 4. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Individual Franchise Agreement.
- 5. Except as expressly modified by this Addendum, the Individual Franchise Agreement remains unmodified in full force and effect.
- 6. This Addendum may be executed in multiple counterparts, each of which when executed and delivered shall be deemed to be an original and all of which together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Addendum by electronic transmission (including an electronic signature platform such as DocuSign or the transmission of a scanned PDF document) shall be effective as delivery of a manually executed counterpart of this Addendum.
[THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have duly executed, sealed and delivered this Addendum to the Individual Franchise Agreement on the same date as the Individual Franchise Agreement was executed.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, if a franchisee is a resident of Illinois, an addendum is incorporated into the Individual Franchise Agreement. This addendum is executed because the offer or sale of the franchise was made in Illinois, the franchisee resides in Illinois, and/or the restaurant will be located or operated in Illinois.
Specifically, Illinois law will govern the agreement, regardless of what the original agreement states. Furthermore, if there is a cause of action that is otherwise enforceable in Illinois, Section 4 of the Illinois Franchise Disclosure Act states that any provision in the franchise agreement that designates jurisdiction or venue in a forum outside of Illinois is void.
This addendum ensures that Bojangles franchisees in Illinois are protected by Illinois state laws, particularly regarding jurisdiction and venue for legal disputes. This means that franchisees are not required to resolve disputes in a forum outside of Illinois, providing them with a more accessible and familiar legal environment. The addendum also reinforces that Illinois law takes precedence over any conflicting provisions in the standard franchise agreement, offering additional legal security to the franchisee.