If a Bojangles restaurant location has not been approved when the Franchise Agreement is signed, what do the parties agree to do regarding Exhibit A?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
the total Franchise Fee due from Franchisee by the Construction Commencement Deadline, after the development fee credit is applied, is $[Amount].]
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- Approved Location: The location approved by Franchisor for the Restaurant franchised under the attached Franchise Agreement shall be: [STORE NUMBER, ADDRESS]
[If the location has not been approved when this Agreement is signed replace with**:**
- Approved Location. The location has not yet been identified. The parties agree to modify this Exhibit A when Franchisor approves the location for the Restaurant under the site selection procedures set forth in the Development Agreement between Franchisor and Franchisee that the parties signed simultaneously with this Franchise Agreement.]
[If applicable add: Franchisee acknowledges that the Restaurant is geographically remote from other Bojangles Restaurants as of the Effective Date. As a result, the Restaurant will not be easily accessible by Franchisor's approved suppliers and distributors.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, if the restaurant location hasn't been approved when the Franchise Agreement is signed, the parties agree to modify Exhibit A later. Specifically, they will update Exhibit A once Bojangles approves the location, following the site selection procedures outlined in the Franchise Agreement.
Exhibit A to the Franchise Agreement includes key details such as the franchisee's name, the franchise fee ($35,000), and the approved location for the restaurant. If the location is not yet determined when the agreement is initially signed, this section of Exhibit A will state that the location has not been identified.
This agreement to modify Exhibit A provides flexibility, allowing franchisees to move forward with the franchise agreement even if a site hasn't been finalized. However, it also means the franchisee must follow Bojangles's site selection procedures to get a location approved before the restaurant can open. Franchisees should carefully review the site selection procedures in the Franchise Agreement to understand their obligations and Bojangles's approval process.
This is a fairly common practice in the franchise industry, as site selection can take time. By agreeing to modify the exhibit later, both parties can proceed with the franchise relationship while the franchisee continues to search for an appropriate location that meets Bojangles's criteria.