How does the Bojangles's Item 8 requirement to purchase from approved suppliers relate to the franchisor's assistance described in Item 11?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
RODUCTS AND SERVICES**
To ensure that the highest degree of quality and service is maintained, you must operate your Restaurant in strict conformity with the methods, standards, and specifications that we periodically prescribe in the Manual (defined below) or otherwise in writing.
Products and Suppliers
You must purchase proprietary seasonings and specially formulated pre-prepared mixes that are required ingredients of various menu items from our designated suppliers in addition to other proprietary products available only to Restaurants that are part of the Bojangles System. There are other products that may not be exclusively proprietary to the Bojangles System but that are produced or purchased according to our specification and direction including bone-in chicken (offered in certain markets), pork, dairy and produce products, and coffee and tea products. In certain markets, Bojangles Restaurants may offer the Boneless Chicken Only Menu with a different or more limited menu, and may not serve breakfast all day. You must purchase only approved and designated items, and you may not purchase any item not specifically approved by us. You may purchase all items only from approved and designated suppliers and using only those distribution providers that we approve and designate. We will make a list of our approved suppliers and distributors available to you upon request.
Pepsi-Cola currently is our exclusive supplier of beverages for cola and most other soft drinks ("Post-Mix Products") throughout the domestic Bojangles System for new franchisees. You must, as a condition to becoming a Bojangles franchisee, offer for sale at the Restaurant Pepsi-Cola Post-Mix Products
unless your Restaurant is located within an entertainment and sports venue or food-court that does not sell Pepsi fountain products or is part of a multi-brand operation that shares a single fountain beverage station that does not sell Pepsi fountain products. Certain existing Bojangles franchisees may be exempt from the requirement to purchase the Pepsi-Cola Post-Mix Products.
You must purchase all other food items including soft drinks and other beverages, ingredients, equipment (including, without limitation, technology equipment, components and software), furnishings, supplies, materials, services, and other items used or offered for sale at the Restaurant solely from approved suppliers (including manufacturers, distributors, and other sources) who demonstrate, to our continuing reasonable satisfaction, the ability to meet our then-current standards and specifications for such items; who possess adequate quality controls and capacity to supply your needs promptly and reliably;
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, Item 8 outlines the restrictions on sources of products and services, stating that franchisees must operate their restaurants in strict conformity with the methods, standards, and specifications prescribed in the manual or in writing. To maintain quality and service, franchisees must purchase proprietary seasonings and specially formulated pre-prepared mixes from designated suppliers. They must also purchase only approved and designated items from approved suppliers and distributors. Bojangles will provide a list of approved suppliers and distributors upon request.
Item 11 describes the franchisor's assistance, but notes that Bojangles is not required to provide any assistance except as listed. Before opening a restaurant, Bojangles will designate the number of restaurants (at least three) and the assigned area for development if the franchisee signs a Development Agreement. Bojangles will also approve or disapprove the specific location of each restaurant. They will provide reasonable site selection assistance and counseling upon request, and approve or disapprove the mortgage, deed of trust, or lease.
The relationship between these two items is that while Bojangles mandates the use of approved suppliers to maintain quality control (Item 8), they offer assistance in the pre-opening phase, such as site selection (Item 11). This assistance could potentially help franchisees find suitable locations that facilitate compliance with the approved supplier requirements. However, franchisees are responsible for ensuring that their chosen suppliers meet Bojangles' standards and specifications, and for bearing the costs of testing if a supplier has not been previously approved or if the sample fails to conform to specifications.