Does Bojangles have the right to transfer its obligations in the franchise agreement to another entity?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
ADDENDUM TO BOJANGLES EXPRESS FRANCHISE AGREEMENT REQUIRED BY THE STATE OF NEW YORK
This Addendum to the Bojangles Express Franchise Agreement dated ("Express Franchise Agreement") between BOJANGLES OPCO, LLC ("Franchisor") and ("Franchisee") is entered into simultaneously with the execution of the Express Franchise Agreement.
- 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Express Franchise Agreement.
This Addendum is being executed because: (A) the offer or sale of a franchise to Franchisee was made in the State of New York; (B) Franchisee is a resident of the State of New York; and/or (C) the Restaurant will be located and/or operated in the State of New York.
2. Any provision in the Express Franchise Agreement that is inconsistent with the New York General Business Law, Article 33, Sections 680 – 695, may not be enforceable.
3. The following sentence is added to Section XV.A:
We will not assign our rights under this Agreement, except to an assignee who in our good faith and judgment is willing and able to assume our obligations under this Agreement.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to the 2025 Bojangles Franchise Disclosure Document, Bojangles has the right to assign its rights under the franchise agreement under specific conditions, particularly in New York. For franchisees in New York, or if the franchise was offered or sold in New York, or if the restaurant will be located and/or operated in New York, an addendum to the Bojangles Express Franchise Agreement applies.
The addendum states that Bojangles will not assign its rights under the agreement except to an assignee who, in their good faith and judgment, is willing and able to assume their obligations under the agreement. This provision ensures that if Bojangles transfers the franchise agreement to another party, that party must be capable of fulfilling Bojangles's obligations.
This condition provides a level of protection for the franchisee, ensuring that the new franchisor is qualified. Outside of New York, the FDD excerpts do not specify conditions or restrictions on Bojangles's ability to assign the agreement. A prospective franchisee should seek clarification from Bojangles regarding the standard assignment terms in the franchise agreement for locations outside of New York.