In Michigan, can Bojangles prohibit a franchisee from joining an association of franchisees?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
ADDITIONAL DISCLOSURE DOCUMENT DISCLOSURES REQUIRED BY THE STATE OF MICHIGAN
THE STATE OF MICHIGAN PROHIBITS CERTAIN UNFAIR PROVISIONS THAT ARE SOMETIMES IN FRANCHISE DOCUMENTS. IF ANY OF THE FOLLOWING PROVISIONS ARE IN THESE FRANCHISE DOCUMENTS, THE PROVISIONS ARE VOID AND CANNOT BE ENFORCED AGAINST YOU:
- (a) A prohibition on the right of a franchisee to join an association of franchisees.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, if a provision within the franchise documents prohibits a franchisee from joining an association of franchisees, that provision is void and cannot be enforced against the franchisee in the state of Michigan. This protection is explicitly stated in the additional disclosures required by Michigan law.
This means that Bojangles franchisees in Michigan have the right to form or join associations with other franchisees to discuss issues, negotiate with the franchisor, or pursue other common goals. Bojangles cannot legally prevent a franchisee from participating in such an association. This is a significant protection for franchisees, as it allows them to collectively address concerns and potentially balance the power dynamic between individual franchisees and the larger Bojangles corporation.
It is important for prospective franchisees in Michigan to carefully review the franchise agreement and any related documents to identify any provisions that might infringe upon this right. While such provisions are unenforceable, understanding your rights is crucial. If any such provisions are found, the franchisee should be aware that they are not legally binding in Michigan.