Does Bojangles place any restrictions on its right to assign the Franchise Agreement, IFA, RFA, or EFA?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Agreement | Summary |
|---|---|---|
| FA: Section XIII.A. | No restriction on our right to assign. | |
| IFA: Section XIV.A. | ||
| RFA: Section XIII.A. | ||
| EFA: Section XV.A. |
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, Bojangles does not place any restrictions on its right to assign the Franchise Agreement (FA), Individual Franchise Agreement (IFA), Renewal Franchise Agreement (RFA), or Bojangles Express Franchise Agreement (EFA). Specifically, the FDD states that there is "No restriction on our right to assign" in Section XIII.A of the FA, Section XIV.A of the IFA, Section XIII.A of the RFA, and Section XV.A of the EFA. This means Bojangles has the freedom to transfer its rights and obligations under these agreements to another party without needing the franchisee's consent or meeting specific conditions.
However, while Bojangles has unrestricted assignment rights, the FDD also outlines the franchisee's obligations upon termination. These include ceasing operations, turning over possession of the Restaurant, discontinuing the use of confidential information and proprietary marks, and fulfilling financial obligations. These obligations are detailed to ensure a smooth transition and protect Bojangles's brand and operational standards, even if the agreement is assigned to a new entity.
For a prospective franchisee, this unrestricted assignment clause means that Bojangles could potentially transfer the franchise agreement to a new company or entity during the term of the agreement. While the franchisee cannot prevent this, their rights under the agreement should remain intact with the new assignee. It is important for franchisees to understand their rights and obligations in the event of such a transfer and to seek legal counsel if needed to ensure their interests are protected.