What information related to the Bojangles system is the developer prohibited from disclosing to third parties?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Developer hereby acknowledges that under the Franchise Agreement(s) executed pursuant hereto, Franchisor will provide Developer with access to and training in processes and procedures of a proprietary nature and will provide Developer with access to and the right to use recipes and formulas, manuals, logos, designs, trademarks, trade names and other proprietary information in connection with Developer's development and operation of the Bojangles restaurant. Developer acknowledges and agrees that Developer shall not at any time, whether during the term of this Agreement or Franchise Agreement(s) executed pursuant hereto or after expiration or earlier termination of any or all of them, disclose any information obtained through such training or from any materials provided by Franchisor to Developer and pertaining to the Bojangles System to any third party other than employees of Developer directly involved in the operations of the Restaurant. Further, Developer agrees that during the term of this Agreement, and Franchise Agreement(s) executed pursuant hereto and after expiration or earlier termination of any or all of them, it shall not use any of such information or proprietary marks, including but not limited to processes, procedures, recipes and formulas, for any purpose other than the operation of the Bojangles restaurant and will take all steps necessary to prevent any other use of them. Without limiting the foregoing, Developer specifically agrees that it shall not during the term of this agreement or Franchise Agreement(s) executed pursuant hereto or after expiration or earlier termination of any or all of them, offer for sale at any location, other than a Restaurant being then operated pursuant to a specific Franchise Agreement then in effect, any food or drink products prepared using in whole or part the procedures, processes, techniques, recipes or formulas provided by Franchisor to Developer.
- C. Developer acknowledges that any failure to comply with the requirements of this Paragraph VII. will cause irreparable injury to Franchisor, and Developer agrees to pay all court costs and reasonable attorneys' fees incurred by Franchisor in obtaining specific performance of, or an injunction against violation of, the requirements of this Paragraph VII.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, a developer is prohibited from disclosing information pertaining to the Bojangles system to third parties. This includes information obtained through training or materials provided by Bojangles. The restriction applies both during the term of the Development Agreement and after its expiration or termination.
The specific information that cannot be disclosed includes processes, procedures, recipes, and formulas. Furthermore, the developer is prohibited from using this information for any purpose other than operating a Bojangles restaurant. This prevents developers from using Bojangles's proprietary information to benefit other ventures or competitors.
The agreement also specifies that developers cannot offer for sale any food or drink products prepared using Bojangles's procedures, processes, techniques, recipes, or formulas at any location other than a Bojangles restaurant operating under a current Franchise Agreement. Failure to comply with these requirements could result in irreparable injury to Bojangles, and the developer may be liable for court costs and reasonable attorney's fees incurred by Bojangles in enforcing these provisions.