Regarding the Bojangles lease agreement addendum, what is the full definition of 'Lease' as it pertains to the agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
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 the provisions contained in this Addendum.
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)
Based on the 2025 Franchise Disclosure Document, the term "Lease" in the context of the Bojangles lease agreement addendum refers to the lease for the premises where the Bojangles restaurant will operate. The addendum to the lease agreement is required as part of the Bojangles Franchise Agreement between the franchisee and Bojangles Opco, LLC, the franchisor.
The lease agreement between the landlord and the franchisee must include specific provisions outlined in the addendum. These provisions ensure that Bojangles, as the franchisor, has certain rights and protections related to the restaurant's location. This includes receiving copies of default or termination notices, the ability to assume the lease under certain conditions, and control over modifications or assignments of the lease.
The addendum also stipulates that the terms within the addendum supersede any conflicting terms in the original lease. This highlights the importance of the addendum in protecting Bojangles' interests and maintaining uniformity across its franchise locations. The franchisor's rights as a third-party beneficiary are also specified, further emphasizing the franchisor's vested interest in the lease agreement.
Prospective franchisees should carefully review the lease agreement and the addendum to fully understand their obligations and the franchisor's rights concerning the restaurant's premises. It is also important to note that the franchisor has no liability or obligation under the lease unless they assume it in writing.