What are the non-curable defaults that could lead to termination of the Bojangles franchise agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Agreement | Summary |
|---|---|---|
| f. Termination by | FA: Section XIV. | |
| franchisor with cause | IFA: Section XV. | |
| RFA: Section XIV. | ||
| EFA: Sections XV.C. | ||
| and XVI. | ||
| FA: Section XIV.C. | ||
| IFA: Section XV.C. | ||
| RFA: Section XIV.C. | ||
| EFA: Section XVI.C. | ||
| FA: Section XIV.A. | Non-curable defaults include: bankruptcy, insolvency, | |
| and B. | appointment a receiver; creditors proceedings; failure to | |
| IFA: Section XV.A. | timely obtain site approval, construct, and open the | |
| and B. | Restaurant; conviction of certain crimes; unauthorized | |
| RFA: Section XIV.A. | transfer; disclosure of confidential information; | |
| and B. | knowingly maintaining false books or records or | |
| submitting any false reports; unauthorized use of | ||
| EFA: Sections XV.C., | ||
| Proprietary Marks; premature termination of rights in | ||
| the Restaurant location; material default under any lease | ||
| or mortgage on the Restaurant property; cease operating | ||
| or abandon Restaurant; unauthorized agreement to sell | ||
| the Restaurant location; default by you or your affiliates | ||
| and resulting termination of any other agreement with | ||
| us or our affiliates; committing same previously cured | ||
| default within 180 days of previous default; repeated |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 55–63)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, there are specific non-curable defaults that can lead to the termination of the franchise agreement. These defaults, as outlined in Section XIV.A and B of the Franchise Agreement (FA), Section XV.A and B of the Individual Franchise Agreement (IFA), Section XIV.A and B of the Renewal Franchise Agreement (RFA), and Sections XV.C and XVI of the Bojangles Express Franchise Agreement (EFA), include events such as bankruptcy, insolvency, or the appointment of a receiver.
Additional non-curable defaults include failure to obtain timely site approval, construct, and open the Restaurant, conviction of certain crimes, unauthorized transfer of the franchise, and disclosure of confidential information. Knowingly maintaining false books or records, submitting false reports, unauthorized use of Proprietary Marks, premature termination of rights in the Restaurant location, and material default under any lease or mortgage on the Restaurant property also constitute non-curable defaults.
Further, ceasing to operate or abandoning the Restaurant, entering into an unauthorized agreement to sell the Restaurant location, default by the franchisee or its affiliates leading to the termination of any other agreement with Bojangles or its affiliates, committing the same previously cured default within 180 days of the previous default, and repeated defaults for failure to comply with the Agreement are also considered non-curable defaults that can result in the termination of the Bojangles franchise agreement.