What is Bojangles' obligation to the franchisee regarding site selection assistance?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
A. Franchisor hereby grants to Franchisee, upon the terms and conditions herein contained, the right and franchise, and Franchisee undertakes the obligation, to operate a Bojangles restaurant located within a portion of an existing structure (hereinafter referred to as "Restaurant" or "Franchised Business") and to use solely in connection therewith the Proprietary Marks, the Trade Dress and the Bojangles System, as they may be changed, improved, and further developed from time to time, only at the location set forth in Exhibit A hereto, which location shall conform to the site selection provisions of the related Development Agreement, or in the event this Agreement is not associated with a Development Agreement, which location shall conform to the site selection provisions of Paragraph V of this Agreement.
(4) Upon receipt of a copy of an executed lease or a copy of an executed unconditional contract to purchase the site (or a deed if the site is owned by Franchisee), Franchisor will provide Franchisee with preliminary plans and specifications for the construction of a Bojangles standard, free-standing restaurant building for use by Franchisee and its architect, which must be approved by Franchisor, in preparation of final plans and specifications for the Restaurant to be constructed on the site.
Franchisee shall bear the cost of any modifications to the preliminary plans and specifications provided to Franchisee by Franchisor.
Final plans and specifications must be approved by Franchisor before the start of construction.
Franchisee shall obtain, at its cost, the necessary permits required to construct the Restaurant and shall meet all other applicable requirements established by local statute, local ordinance or otherwise.
- Franchise Fee by the "Construction Commencement Deadline", which is the date that is the earlier of: (1) two hundred seventy (270) days after the date of Franchisor's written site approval notice; or (2) the construction commencement deadline set forth in the development schedule of the Development Agreement pursuant to which the Restaurant is to be developed.
Franchisee shall construct, furnish, and open the Restaurant by the "Opening Deadline", which is the date that is the earlier of: (1) one hundred eighty (180) days after the commencement of construction; or (2) the opening date set forth in the development schedule of the Development Agreement pursuant to
which the Restaurant is to be developed. Prior to opening for business, Franchisee shall comply with all pre-opening requirements set forth in this Agreement and in the Manual or as otherwise required by Franchisor in writing.
- (6) Strict compliance with the Site Approval Deadline, Construction Commencement Deadline and Opening Deadline is essential to this Agreement.
- Approved Location: The location approved by Franchisor for the Restaurant franchised under the attached Franchise Agreement shall be: [STORE NUMBER, ADDRESS]
[If the location has not been approved when this Agreement is signed replace with**:**
- Approved Location. The location has not yet been identified. The parties agree to modify this Exhibit A when Franchisor approves the location for the Restaurant under the site selection procedures set forth in the Development Agreement between Franchisor and Franchisee that the parties signed simultaneously with this Franchise Agreement.]
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the franchisor grants the franchisee the right to operate a Bojangles restaurant at a location that conforms to the site selection provisions outlined in the Development Agreement or Paragraph V of the Franchise Agreement if a Development Agreement is not in place. The approved location is documented in Exhibit A of the Franchise Agreement. If the location hasn't been approved when the agreement is signed, Exhibit A will be modified once Bojangles approves the site, following the site selection procedures in the Development Agreement.
Bojangles will provide preliminary plans and specifications for constructing a standard, free-standing restaurant building after receiving a copy of the executed lease or purchase contract for the site. The franchisee must use these plans, approved by Bojangles, to prepare the final plans and specifications. The franchisee is responsible for the costs of any modifications to these preliminary plans.
The franchisee is responsible for obtaining all necessary construction permits and ensuring compliance with local statutes and ordinances. The franchisee must start construction within 270 days of Bojangles's written site approval notice or according to the development schedule in the Development Agreement, and open the restaurant within 180 days after construction begins, or as per the Development Agreement's schedule. Strict adherence to these deadlines is crucial, and failure to meet them constitutes a material breach of the agreement, potentially leading to immediate termination.