Does Bojangles reserve the right to sell goods and services associated with the Proprietary Marks throughout the System, including the Assigned Area, through any channel of distribution?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- (4) Franchisor also reserves the right to offer goods and services associated with the Proprietary Marks throughout the System including the Assigned Area, including without limitation, the right to sell the same or similar products that are authorized for sale at Bojangles Restaurants under the Proprietary Marks or under other trademarks or trade dress and through any other channel of distribution, whether such channel of distribution is now in existence or is hereafter developed and whether at retail or wholesale including, without limitation, sales through catalogs, e-commerce, mail order, carts or kiosks, mass merchandise, supermarkets, grocery stores, restaurants, institutional customers, ghost kitchens, club stores and any other outlet or method of distribution, pursuant to any terms and conditions as Franchisor may deem appropriate.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, Bojangles retains the right to offer goods and services associated with its Proprietary Marks throughout the entire Bojangles system, which includes the franchisee's assigned area. This encompasses the right to sell the same or similar products that are authorized for sale at Bojangles restaurants under the Proprietary Marks or other trademarks, utilizing any channel of distribution. These channels can be existing or developed in the future, and include both retail and wholesale methods.
Specifically, Bojangles's distribution channels can include, but are not limited to, sales through catalogs, e-commerce, mail order, carts or kiosks, mass merchandise outlets, supermarkets, grocery stores, restaurants, institutional customers, ghost kitchens, and club stores. The terms and conditions for these sales are determined solely by Bojangles.
This reservation of rights has significant implications for potential franchisees. It means that Bojangles can compete with its own franchisees through various distribution channels, even within the franchisee's assigned area. While this could provide increased brand visibility and potentially drive overall demand, it also introduces a risk of direct competition that could impact a franchisee's sales and profitability. Franchisees should carefully consider this aspect and evaluate the potential impact on their business before investing in a Bojangles franchise.