factual

What does the Illinois Franchise Disclosure Act state regarding jurisdiction or venue provisions in a Bojangles franchise agreement that designates a forum outside of Illinois?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 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.

Source: Item 22 — CONTRACTS (FDD page 82)

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, the Illinois Franchise Disclosure Act addresses jurisdiction and venue provisions within the franchise agreement. Specifically, Section 4 of the Illinois Franchise Disclosure Act stipulates that any provision in a Bojangles franchise agreement that designates jurisdiction or venue in a forum outside of Illinois is considered void. This applies to any cause of action that is otherwise enforceable in Illinois.

For a prospective Bojangles franchisee in Illinois, this means that if a dispute arises that is enforceable in Illinois, the franchisee cannot be forced to litigate or arbitrate the matter in a different state, even if the franchise agreement specifies an out-of-state venue. This provision protects the franchisee's right to resolve disputes within the state of Illinois, ensuring they are not subjected to potentially burdensome or unfair legal proceedings in a distant location.

Furthermore, the FDD includes an addendum to the franchise agreement specifically for Illinois franchisees. This addendum reinforces that Illinois law governs the agreement, and it reiterates the provision that any clause designating jurisdiction or venue outside of Illinois is void for actions enforceable within Illinois. This addendum is integrated into both the Individual Franchise Agreement and the Express Franchise Agreement for Bojangles franchises in Illinois, providing additional clarity and legal protection for franchisees operating within the state.

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.