What recourse does Bojangles have if a franchisee fails to comply with the confidential information requirements outlined in Paragraph IX of the franchise agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. Franchisee acknowledges that any failure to comply with the requirements of this Paragraph IX. will cause irreparable injury to Franchisor, and Franchisee agrees to pay all court costs and reasonable attorneys' fees incurred by Franchisor in obtaining specific performance of, or an injunction against violation of, the requirements of this Paragraph IX.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, if a franchisee fails to comply with the confidential information requirements outlined in Paragraph IX of the franchise agreement, it is acknowledged that such failure will cause irreparable injury to Bojangles. In such a case, the franchisee agrees to cover all court costs and reasonable attorneys' fees incurred by Bojangles.
This means that Bojangles can pursue legal action against a franchisee who violates the confidential information terms. This legal action can include seeking specific performance, which compels the franchisee to fulfill their obligations under the agreement, or obtaining an injunction, which is a court order that prohibits the franchisee from continuing the violating behavior.
Furthermore, the franchisee is responsible for covering Bojangles's legal expenses, including court costs and attorney fees, associated with pursuing these legal remedies. This provision aims to protect Bojangles's proprietary information and maintain the integrity of its system by ensuring franchisees take their confidentiality obligations seriously.