Regarding the Bojangles lease agreement addendum, what constitutes the 'Lease' and how can it be modified?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
M TO LEASE AGREEMENT**
BOJANGLES RESTAURANT FORM OF ADDENDUM TO LEASE AGREEMENT
| between | ("Franchisee") |
|---|---|
| and | |
| ("Landlord"), as an addendum to the lease, as modified, amended, supplemented, renewed and/or | |
| extended from time to time as contemplated herein, ("Lease") for the premises located at | |
| , State of ("Premises") dated as of, | |
| Franchisee has entered into a Bojangles Franchise Agreement (the "Franchise | |
| Agreement") with Bojangles Opco, LLC ("Franchisor") for the operation of a Bojangles | |
| restaurant at the Premises, and as a requirement thereof, the lease for the Premises must contain |
Landlord and Franchisee agree that the terms contained herein shall supersede any terms to the contrary set forth in the Lease.
NOW THEREFORE, in consideration of mutual covenants set forth herein, the execution and delivery of the Lease, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Franchisee hereby agree as follows:
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the 'Lease' refers to the lease agreement, as modified, amended, supplemented, renewed, and/or extended from time to time, for the premises where the Bojangles restaurant will be located. The lease agreement is between the franchisee and the landlord.
Terms of the Lease that relate to or impact the Lease Addendum cannot be modified without Bojangles's prior written consent. Additionally, the franchisee cannot assign the Lease without first obtaining Bojangles's written consent. This provision ensures that Bojangles maintains control over the location and operation of its franchises, even in situations involving lease modifications or assignments.
This requirement protects Bojangles's interests by ensuring that any changes to the lease agreement do not negatively impact the franchise operations or the brand's image. For a prospective franchisee, this means that they must involve Bojangles in any lease negotiations or modifications and cannot independently make changes that could affect the franchise. It is important to maintain open communication with Bojangles regarding any lease-related matters to avoid potential conflicts or breaches of the franchise agreement.