How many votes is each Bojangles member entitled to in a DMA?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Upon each question that may come before the membership for vote, each member shall be entitled to one vote for each Restaurant owned by that member and located within the DMA or transferred franchisee into the DMA by election under specific provisions of the Expense Sharing Agreement. All matters voted on require a majority vote of the members unless provided otherwise in the Expense Sharing Agreement. If a DMA contains both Bojangles Express Restaurants and freestanding, independent Restaurants, we may change the nature of membership of Bojangles Express Restaurants by giving written notice to all members granting Bojangles Express Restaurants one-half vote and full-size, freestanding Restaurants one vote each. In DMAs in which there are company-operated Restaurants, we may acquire the voting rights of some franchisees which may give us voting control of the cooperative. As a condition to the sale of existing company-operated Restaurants, we may retain the voting rights of the transferred Restaurants in the cooperative.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 37–49)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, each member of a cooperative advertising organization is entitled to one vote for each Bojangles restaurant they own within a Designated Market Area (DMA). This also applies to franchisees who have been transferred into the DMA by election under specific provisions of the Expense Sharing Agreement. Therefore, the number of votes a franchisee has directly correlates to the number of restaurants they operate within that specific DMA.
However, the voting structure can be modified under certain conditions. If a DMA includes both Bojangles Express Restaurants and full-size, freestanding restaurants, Bojangles has the right to change the membership nature of Bojangles Express Restaurants. This change would grant Bojangles Express Restaurants one-half vote each, while full-size restaurants retain one full vote. This provision allows for a distinction in voting power based on the restaurant type within the same DMA.
Furthermore, Bojangles as the franchisor, retains the right to influence the voting power within the cooperative. In DMAs where Bojangles operates company-owned restaurants, they may acquire the voting rights from some franchisees, potentially giving them voting control of the cooperative. Additionally, as a condition of selling existing company-operated restaurants, Bojangles may retain the voting rights of those transferred restaurants in the cooperative. This enables Bojangles to maintain a level of influence over the advertising and marketing decisions within the DMA, even after transferring ownership of some restaurants to franchisees.
All matters that are voted on typically require a majority vote of the members, unless the Expense Sharing Agreement specifies otherwise. If a member fails to make the required contributions within 10 days after the due date, such member shall not be entitled to vote upon any cooperative matters until the amounts are paid. This ensures that all members are up to date on payments before being allowed to vote.