What must any lease or mortgage for a Bojangles Restaurant site permit?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- C.
Any lease or mortgage for a Restaurant site must permit assignment of the lease, mortgage, or deed of trust to Franchisor or its designees in the event of default by Franchisee of the lease, mortgage, deed of trust, or this Agreement; and must provide, in form and substance satisfactory to Franchisor, for quiet enjoyment, subordination and mutual attornment.
Any lease or mortgage for the Restaurant site must be bona fide, and provide financial terms consistent with those prevalent in the area.
Any lease for the Restaurant shall provide for a term not less than the term of this Agreement.
Franchisee shall use its best efforts to obtain in any lease an option to renew on stated financial terms, which if exercised will, with the initial term, be for a period of not less than twenty (20) years.
Unless waived in writing by Franchisor, any lease for the Restaurant site shall contain provisions that satisfy the requirements set forth in the Addendum to Lease Agreement attached to this Agreement as Exhibit D during the entire term of the lease, including any renewal terms.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, any lease or mortgage for a Bojangles Restaurant site must allow the assignment of the lease, mortgage, or deed of trust to Bojangles or its designees. This assignment is permitted if the franchisee defaults on the lease, mortgage, deed of trust, the Franchise Agreement, or any other agreement with Bojangles.
Additionally, the lease or mortgage must provide, in a form and substance satisfactory to Bojangles, for quiet enjoyment, subordination, and mutual attornment. The leases and mortgages must be bona fide and provide financial terms consistent with those prevalent in the area. The lease term should not be less than the term of the Franchise Agreement.
Furthermore, the franchisee should use their best efforts to obtain an option to renew the lease on stated financial terms, which, if exercised with the initial term, will be for a period of not less than an additional twenty years. Unless waived in writing by Bojangles, any lease for a Restaurant site must contain provisions that satisfy the requirements set forth in the Addendum to Lease Agreement attached to the Franchise Agreement as Exhibit D during the entire term of the lease, including any renewal terms.