What representation is the franchisee making regarding future knowledge of facts related to the released claims in the Bojangles franchise agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee represents and warrants that: (1) it is aware that it may in the future learn of facts in addition to or different from those which it now knows or believes to be true with respect to the subject matter of this paragraph, but that nonetheless, it is its intention to fully, finally, and forever settle and release all Claims; and (2) it has not assigned any Claims released by this paragraph.
Franchisee, on behalf of itself and the Franchisee Releasors, further covenants not to sue any of the Franchisor Parties on any of the Claims released by this paragraph.
Franchisee agrees that fair consideration has been given by Franchisor for this release and it fully understands that this is a negotiated, complete, and final release of all Claims.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to the 2025 Bojangles Franchise Disclosure Document, the franchisee acknowledges that they may discover new or different facts in the future that relate to the claims they are releasing. Despite this possibility, the franchisee intends to fully and permanently settle and release all claims against Bojangles. This means that even if the franchisee later learns something that might have changed their decision, they are still bound by the release.
This representation is part of a broader agreement where the franchisee, on behalf of themselves and related parties, agrees not to sue Bojangles regarding any claims released in the agreement. The franchisee confirms that they have received fair consideration from Bojangles for this release and fully understand that it is a negotiated, complete, and final settlement of all claims.
For a prospective Bojangles franchisee, this clause highlights the importance of conducting thorough due diligence before signing the franchise agreement. It underscores that once the release is signed, it is very difficult to pursue any claims against Bojangles, even if new information comes to light. Franchisees should seek legal counsel to fully understand the implications of this release and ensure they are comfortable with the risks involved.