Can Bojangles seek injunctive relief against a franchisee for breaching the franchise agreement, and is Bojangles required to post a bond or prove actual damages to obtain such relief?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
aive all questions of personal jurisdiction or venue for the purpose of carrying out this provision.
04/25
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- C. No right or remedy conferred upon or reserved to Franchisor or Franchisee by this Agreement is intended to be, nor shall be deemed to be, exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy.
- D. Nothing herein contained shall bar Franchisor's right to obtain injunctive relief against threatened conduct that will cause it loss or damages, under the usual equity rules, including the applicable rules for obtaining restraining orders and preliminary injunctions.
- E. In the event of any action at law or in equity to secure or protect rights under or to enforce the terms of this Agreement, except as otherwise provided for in this Agreement, the prevailing party shall be entitled to recover reasonable counsel fees together with court costs and expenses incurred in connection with the litigation.
- F. THE PARTIES WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT OR CLAIM OF ANY PUNITIVE OR EXEMPLARY DAMAGES AGAINST EACH OTHER AND AGREE THAT, IN THE EVENT OF A DISPUTE BETWEEN THEM, EACH SHALL BE LIMITED TO THE RECOVERY OF ACTUAL DAMAGES SUSTAINED BY IT.
- G. THE PARTIES IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO PARTICIPATE IN, ANY CLASS, REPRESENTATIVE OR COLLECTIVE ACTION MATTERS, AS A CLASS REPRESENTATIVE, CLASS MEMBER OR AN OPT-IN PARTY, ACT AS A PRIVATE ATTORNEY GENERAL, OR JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON OR ENTITY, AGAINST THE OTHER PARTY.
- H. THE PARTIES IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, AND/OR COUNTERCLAIM BROUGHT BY EITHER PARTY.
- I. Except for payments owed by one party to the other, and unless prohibited by applicable law, any legal action or proceeding (including the offer and sale of a franchise to Franchisee) brought or instituted with respect to any dispute arising from or related to this Agreement or with respect to any breach of the terms of this Agreement must be brought or instituted within a period of two (2) years from the date on which the party asserting the claim knew or should have known of the facts giving rise to the claim.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, Bojangles retains the right to seek injunctive relief against franchisees for conduct that may cause loss or damages. This right is subject to "usual equity rules," which include the rules for obtaining restraining orders and preliminary injunctions. This means Bojangles can pursue legal action to stop a franchisee from engaging in certain behaviors that could harm the franchise.
However, the franchise agreement also stipulates that both Bojangles and the franchisee waive any right to claim punitive or exemplary damages against each other. In the event of a dispute, both parties are limited to recovering only the actual damages they sustained. This waiver limits the financial remedies available to Bojangles in a dispute, focusing solely on direct losses incurred.
For franchisees in New York, an addendum to the Bojangles Express Franchise Agreement specifies that Bojangles's right to obtain injunctive relief is contingent upon providing proper proofs and obtaining approval from the appropriate authority. This suggests that franchisees in New York may have additional protections or procedural requirements that Bojangles must meet before securing injunctive relief. This addendum highlights the importance of franchisees understanding the specific legal requirements in their state.
In certain situations, Bojangles may request a performance bond from the franchisee. This bond's amount and the issuing entity are determined at Bojangles's discretion. This bond serves as a financial guarantee of the franchisee's performance and compliance with the franchise agreement. The franchisee must provide the performance bond within five business days of Bojangles's request.