Does Bojangles require franchisees to comply with mandatory brand standards, specifications, and operating procedures?

y party making a finding of any joint employer status, Franchisee will fully indemnify Franchisor for such cost, expense, loss, or damage. Franchisee shall take such steps as are necessary to ensure that its employees preserve good customer relations, wear uniforms of such color, design and other specifications as Franchisor may designate from time to time, present a neat and clean appearance, and render competent and courteous service to Restaurant customers.

• I. Franchisee shall meet and maintain the highest health standards and ratings applicable to the operation of the Restaurant.
• J. To insure that the highest degree of quality, cleanliness, appearance, and service is maintained, Franchisee shall operate the Restaurant in strict conformity with such methods, standards, and specifications as Franchisor may from time to time prescribe in the Manual or otherwise in writing. Franchisee agrees:

• (1) To operate the Restaurant in a clean, wholesome manner in compliance with Franchisor's prescribed standards of quality, cleanliness, appearance and service;
• (2) To maintain in sufficient supply, and to use at all times, only such ingredients, products, materials, supplies, and paper goods as conform with Franchisor's standards and specifications, and to refrain from deviating therefrom by the use or offer of nonconforming items, without Franchisor's prior written consent;
• (3) To sell or offer for sale only such menu items, products, and services as have been expressly approved for sale in writing by Franchisor; to sell or offer for sale all types of menu items, products, and services specified by Franchisor; to refrain from any deviation from Franchisor's standards and specifications without Franchisor's prior written consent; and to discontinue selling and offering for sale any menu items, products, or services which Franchisor may, in its discretion, disapprove in writing at any time;
• (4) To employ only those methods of food handling and preparation as Franchisor may specify in the Manual, or otherwise designate from time to time;
• (5) To permit Franchisor or its agents, at any reasonable time, to remove samples of food or non-food items from Franchisee's inventory, or from the Restaurant, without payment therefor, in amounts reasonably necessary for testing by Franchisor or an independent laboratory to determine whether said samples meet Franchisor's then-current standards and specifications. In addition to any other remedies it may have under this Agreement, Franchisor may require Franchisee to bear the cost of such testing if the supplier of the item has not previously been approved by Franchisor or if the sample fails to conform with Franchisor's specifications; and
• (6) To purchase and install, at Franchisee's expense, all fixtures, furnishings, equipment (including, without limitation technology equipment, components and software), decor, and signs as Franchisor may reasonably direct from time to time in the Manual or otherwise in writing; and to refrain from installing or permitting to be installed on or about the Restaurant premises, without Franchisor's prior written consent, any fixtures, furnishings, equipment (including, without limitation technology equipment, components and software), decor, signs, games, vending machines, or other items not previously approved as meeting Franchisor's standards and specifications.
• K. Franchisee shall comply with all requirements of federal, state and local laws, rules and regulations.
• L. Franchisee shall purchase all food items, ingredients, equipment (including, without limitation, technology equipment, components and software), furnishings, supplies, materials, services, and other items used or offered for sale at the Restaurant solely from suppliers (including manufacturers, distributors and other sources) who demonstrate, to the continuing reasonable satisfaction of Franchisor, the ability to meet Franchisor's then-current standards and specifications for such items; who possess adequate quality controls and capacity to supply Franchisee's needs promptly and reliably; and who have been approved in writing by Franchisor and not thereafter disapproved. If Franchisee desires to purchase any products or retain any

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services from an unapproved supplier, Franchisee shall submit to Franchisor a written request for such approval, or shall request the supplier itself to do so, and Franchisor, in its sole discretion, shall determine whether such supplier shall be approved. Franchisor shall have the right to require that its representatives be permitted to inspect the supplier's facilities, and that samples from the supplier be delivered to Franchisor or to an independent laboratory designated by Franchisor for testing. A charge not to exceed the reasonable cost of the inspection and the actual cost of the test shall be paid by Franchisee or the supplier. Franchisor reserves the right, at its option, to re-inspect the facilities, products and services of any such approved supplier and to revoke its approval upon the supplier's failure to continue to meet any of Franchisor's then-current criteria.

• M. Franchisee shall require all advertising and promotional materials, signs, decorations, paper goods (including disposable food containers, napkins, and menus), all forms and stationery used in the Franchised Business, and other items which may be designated by Franchisor to bear the Proprietary Marks in the form, color, location, and manner prescribed by Franchisor.
• N. Franchisee shall maintain the Restaurant in a high degree of sanitation, repair, and condition, and in connection therewith shall make such additions, alterations, repairs, and replacements thereto (but, if of a substantial nature, not without Franchisor's prior written consent) as may be required for that purpose, including, without limitation, such periodic repainting or replacement of signs, furnishings, equipment, and decor in the manner and at the times which Franchisor may reasonably direct; provided, however, that Franchisee shall not be required to undertake a major remodeling of the kitchen and interior and exterior decor of the Restaurant more than once in any five (5) year period.
• O. Franchisee shall, where applicable, keep the parking area for the Restaurant well-lighted, and maintain the parking area for the exclusive use of Restaurant customers.
• P. Franchisee shall grant Franchisor and its agents the right to enter upon the Restaurant premises at any time for the purpose of conducting inspections; shall cooperate with Franchisor's representatives in such inspections by rendering such assistance as they may reasonably request; and, upon notice from Franchisor or its agents and without limiting Franchisor's other rights under this Agreement, shall take such steps as may be necessary to correct immediately any deficiencies detected during any such inspection. Should Franchisee, for any reason, fail to correct such deficiencies within a reasonable time as determined by Franchisor, Franchisor shall have the right and authority (without, however, any obligation to do so) to correct such deficiencies and to charge Franchisee a reasonable fee for Franchisor's expenses in so acting, payable by Franchisee immediately upon demand. The foregoing shall be in addition to such other remedies as Franchisor may have.
• Q. Without limiting any other provision or requirement of the Agreement, Franchisee agrees to sell only those beverage product brands specified by Franchisor, including all soft drinks and cola products. Franchisor specifically retains the right to make additions or changes to the beverage product brands offered by Franchisee.

• R. Franchisee agrees to utilize the e-mail address provided by Franchisor and to utilize the Bojangles electronic portal, and review its content regularly for purposes of receiving updates, notice of Manual or policy changes and other communications from Franchisor.
• S.

Source: Item 22 — CONTRACTS (FDD page 82)