Regarding Bojangles, does the franchise agreement intend to release, estop, or waive liability under the California Franchise Investment Law or any other state franchise registration and disclosure law?

According to Bojangles' 2025 Franchise Disclosure Document, the franchise agreement does not intend to release, estop, or waive liability under the California Franchise Investment Law or any other state franchise registration and disclosure law. The FDD states that any representations requiring prospective franchisees to assent to a release, estoppel, or waiver of liability are not intended to act as a waiver of any liability incurred under the California Franchise Investment Law or any other state franchise registration and disclosure law. This protection is explicitly mentioned in the context of state-specific addenda. For example, the addendum to the Bojangles Express Franchise Agreement required for Minnesota franchisees states that the franchisee will not be required to assent to a release, assignment, novation, or waiver that would relieve any person from liability imposed by Minnesota Statute. Similarly, the addendum to the Bojangles Renewal Franchise Agreement for Maryland franchisees includes a statement that the release shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.

This provision ensures that franchisees retain their rights and protections under state franchise laws, regardless of any general release, estoppel, or waiver clauses that may appear in the franchise agreement. This is a crucial safeguard for franchisees, as state franchise laws often provide specific remedies and protections against franchisor misconduct. By explicitly stating that these clauses do not waive rights under state franchise laws, Bojangles aims to comply with franchise regulations and provide franchisees with legal recourse if necessary.

Prospective franchisees should note that while the franchise agreement aims to uphold state franchise laws, it is essential to consult with a legal professional to fully understand their rights and obligations under the agreement and applicable state laws. This is particularly important in states with strong franchise protection laws, such as California, Maryland, and Minnesota, where franchisees have specific statutory rights. Franchisees should also carefully review any state-specific addenda to the franchise agreement to ensure they are aware of any additional protections or requirements that may apply in their state.