For each question that comes before the Membership of a Bojangles DMA for a vote, how many votes is each member entitled to?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Voting Upon each question that may come before the Membership of a DMA for vote, each Member of such DMA shall be entitled to (i) one vote for each Restaurant owned by such Member and located within the DMA (unless such Restaurant has been transferred to another DMA as provided in paragraph 13), and (ii) in the case of a Member who is an Initial Franchisee, one vote for each Restaurant such Initial Franchisee has elected to transfer into the DMA by an election pursuant to paragraph 13 that shall then be in effect at the time such vote is taken.
Any Member of the DMA shall be entitled to designate a proxy to attend meetings and vote on behalf of such member provided the designation of such proxy shall be in writing and be delivered to the chairman of the DMA at the time of such meeting or vote.
All matters voted on
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, each member of a DMA (Designated Market Area) is entitled to one vote for each restaurant they own within that DMA. Additionally, initial franchisees receive one vote for each restaurant they've elected to transfer into the DMA, as per the terms in paragraph 13 of the franchise agreement, which is effective at the time the vote is taken.
This voting structure ensures that franchisees with more restaurants in a DMA have a proportionally larger say in decisions affecting the DMA, such as advertising strategies and fund allocation. The inclusion of transferred restaurants in the vote count for initial franchisees acknowledges their early commitment and investment in the DMA's development. However, to be eligible to transfer Restaurants from one DMA to another, Initial Franchisees must be current in their obligations to make DMA contributions at the time of such transfer.
It's important to note that failure to make required contributions within 10 days of the due date will result in the member not being entitled to vote on any DMA matters until the amounts are paid. This provision ensures that all members are financially contributing to the DMA's activities and maintaining their voting rights. Furthermore, any member can designate a proxy to attend meetings and vote on their behalf, provided the designation is in writing and delivered to the DMA chairman at the time of the meeting or vote.
All matters voted on by the Membership require a majority vote of the Members of the DMA voting in person or by proxy except where provided otherwise in this Agreement.