What are Bojangles's obligations in Item 11 if a Development Agreement is signed, as mentioned in Item 5?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Before you open your Restaurant, we will:
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- If you sign a Development Agreement with us, designate your number of Restaurants, which shall be at least three Restaurants, and your Assigned Area for development of Restaurants (Development Agreement, Section I.A.), and approve or disapprove the specific location of each Restaurant (Development Agreement Section I.A.; Franchise Agreement Section I.A.; Individual Franchise Agreement Section I.A.; Bojangles Express Franchise Agreement Section I.A.).
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- Provide reasonable site selection assistance and counseling upon your request. We will approve your site or disapprove your site with comments as to why it was disapproved within 45 days of our receipt of your application for site approval (Development Agreement Section IV.A.;
Individual Franchise Agreement Section V.A.; Bojangles Express Franchise Agreement Section V.A.).
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Approve or disapprove your mortgage, deed of trust or lease with comments as to any disapproval within 20 days of our receipt of a copy of it.
We may waive this requirement in our discretion. (Development Agreement Section IV.B.; Individual Franchise Agreement Section V.B.; Bojangles Express Franchise Agreement Section V.B.).
Upon receipt of a copy of an executed lease or copy of an executed unconditional contract to purchase the site (or deed if you own the site), provide preliminary plans and specifications for the construction of a standard, free-standing Restaurant building for use by you and your architects in preparation of final plans and specifications for the Restaurant to be constructed; however, we do not provide any plans or specifications under our Bojangles Express Franchise Agreement.
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, Item 11 outlines the brand's pre-opening obligations to franchisees who sign a Development Agreement. Bojangles will designate the number of restaurants to be developed, which must be at least three, and define the Assigned Area for development. Bojangles must also approve or disapprove the specific location of each restaurant.
Additionally, Bojangles is obligated to provide reasonable site selection assistance and counseling upon request. They must approve or disapprove a proposed site within 45 days of receiving the franchisee's application for site approval, including comments explaining any disapproval. Bojangles must also approve or disapprove the franchisee's mortgage, deed of trust, or lease within 20 days of receiving a copy, again providing comments if disapproving. Bojangles retains the discretion to waive this requirement.
Upon receiving a copy of an executed lease or an unconditional contract to purchase the site (or the deed if the franchisee owns the site), Bojangles will provide preliminary plans and specifications for constructing a standard, free-standing restaurant building. This is intended to assist the franchisee and their architects in preparing the final plans and specifications for the restaurant. However, Bojangles does not provide these plans or specifications under the Bojangles Express Franchise Agreement.