What must a lease or mortgage for a Bojangles Restaurant site permit in the event of default by the Developer?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Developer of the lease, mortgage, deed of trust, this Agreement, or any other agreement with Franchisor; and must provide, in form and substance satisfactory to Franchisor, for quiet enjoyment, subordination and mutual attornment.
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 if the developer defaults. This default can stem from the lease, mortgage, deed of trust, the Franchise Agreement itself, or any other agreement with Bojangles.
Furthermore, the lease or mortgage must ensure quiet enjoyment, subordination, and mutual attornment in a format and substance satisfactory to Bojangles. This provision protects Bojangles's interest in the property and ensures the continued operation of the restaurant even if the original developer fails to meet their obligations.
For a prospective franchisee, this means that the terms of the lease or mortgage are not solely between them and the landlord or lender. Bojangles has a vested interest and specific requirements that must be met to protect their brand and operational continuity. Franchisees need to ensure these conditions are incorporated into their lease or mortgage agreements to avoid potential conflicts or breaches of the franchise agreement.