factual

If the Bojangles Franchisor requests a statement of intentions and assurances from the Developer and franchisee after an event that could breach the agreement, how long do they have to deliver it in writing?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (6) If Developer or any franchisee under a Franchise Agreement entered into pursuant to this Agreement ceases to operate or otherwise abandons, or attempts to cease to operate or abandon, any 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 Developer, of the franchisee, or of any 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 Developer and the 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 Developer and the franchisee shall provide within five (5) business days thereafter, a performance bond from Developer and the franchisee, the amount of such bond and the issuing entity to be solely at Franchisor's reasonable discretion;

Source: Item 23 — RECEIPTS (FDD pages 82–573)

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, if certain events occur that could potentially breach the Development Agreement, Bojangles may request a written statement of intentions and assurances from both the Developer and the franchisee. These events include the Developer or franchisee ceasing operations, abandoning a restaurant, or attempting to sell the restaurant property or assets without prior written consent from Bojangles.

The statement of intentions and assurances must be delivered in writing within 24 hours of Bojangles's request. This rapid response time underscores the importance Bojangles places on quickly addressing potential breaches and ensuring the continued operation and integrity of its franchise system.

In addition to the written statement, Bojangles may also request a performance bond from the Developer and the franchisee. The amount of this bond and the issuing entity are determined at Bojangles's discretion. The franchisee and developer then have five business days to provide the performance bond. This bond serves as a financial guarantee that the Developer and franchisee will uphold their obligations under the Development Agreement.

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.