Does Bojangles provide advice and assistance to franchisees regarding local advertising, and who is responsible for the expense of promotional materials?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor may then in its sole discretion contribute such amounts to any franchisee cooperative organization that operates in part or all of Franchisee's market area or Franchisor may expend such funds to create advertising that in Franchisor's sole determination will promote the Proprietary Marks and/or System in Franchisee's market area.
- D.
Franchisor may offer from time to time to provide, upon Franchisee's request and at Franchisee's expense, approved local advertising and promotional plans and materials.
- E.
Franchisee agrees to make contributions to the Bojangles Marketing Development Fund (hereinafter "Fund") as required under Paragraph IV.C. hereof.
The Fund shall be maintained and administered by Franchisor or its designee, as follows:
- (1) Franchisor shall direct the creation of all advertising programs, with sole discretion over the creative concepts, materials, and media used in such programs.
Franchisee agrees and acknowledges that the Fund is intended to maximize general public recognition and acceptance of the trade names, trademarks, and service marks which are designated as part of the System for the benefit of the System through research and the creation of marketing materials; and that Franchisor and its designee undertake no obligation, in administering the Fund, to make expenditures which are equivalent or proportionate to a franchisee's contribution, or to insure that any particular franchisee benefits directly or pro rata from Fund expenditures.
Franchisee is aware that there may be some franchisees operating under different forms of agreement and who may not be required to make payments into the Fund equivalent to Franchisee's payments.
- (2) Franchisor shall, for each of its company-owned Bojangles restaurants, make contributions to the Fund equivalent to the contributions required of comparable franchised Bojangles restaurants within the Bojangles System so that Franchisor's average contribution for each company-owned Restaurant will be
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, Bojangles offers advice and assistance to franchisees regarding local advertising. However, the franchisee is responsible for the expense of promotional materials used in local advertising. Bojangles retains the right to review and approve or disapprove all advertising and promotional materials proposed by the franchisee.
Bojangles may also offer approved local advertising and promotional plans and materials at the franchisee's expense. Franchisees are required to contribute to the Bojangles Marketing Development Fund, which is used for advertising and promotion of the Bojangles system. Bojangles directs the creation of all advertising programs and has sole discretion over the creative concepts, materials, and media used.
Franchisees must spend at least three percent of their restaurant's gross sales on local and regional media advertising. This advertising can include various media such as radio, television, magazines, newspapers, and billboards, but excludes costs of advertising production, marketing materials, food promotion, point of purchase materials, telephone book advertising, stationery, or restaurant site signs. Franchisees must demonstrate these expenditures to Bojangles quarterly.
Bojangles also reserves the right to require franchisees to participate in regional cooperative advertising organizations or programs. If a franchisee fails to meet the required advertising expenditures or participate in cooperative advertising programs, Bojangles can require the franchisee to pay three percent of the restaurant's gross sales to Bojangles. All advertising by franchisees must be conducted in a dignified manner and conform to Bojangles' standards, requiring franchisees to submit advertising materials for prior written approval.