What is the Site Approval Deadline for a Bojangles restaurant if developed under a Development Agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
collection in the case of credit; provided, however, that "Gross Sales" shall not include any sales taxes or other taxes collected from customers by Franchisee for transmittal to the appropriate taxing authority.
V. SITE SELECTION
A. If Franchisor has not approved the site of the Restaurant developed under this Agreement prior to the Effective Date, then Franchisee must obtain the written approval of Franchisor for the site of the Restaurant within one hundred eighty (180) days after the Effective
Date of this Agreement ("Site Approval Deadline"); however, if the Restaurant is developed pursuant to a Development Agreement, the Site Approval Deadline shall be the earlier of: (1) the date which is one hundred eighty (180) days after the Effective Date of this Agreement; or (2) the site approval deadline set forth in the development schedule of the Development Agreement. Upon request by Franchisee, Franchisor shall provide reasonable site selection assistance and counseling to Franchisee. Franchisee shall propose sites for approval by Franchisor on forms or in the manner designated from time to time by Franchisor. A site shall only be submitted to Franchisor after Franchisee has carefully evaluated the site and determined that it meets the criteria for Restaurant sites which Franchisor has communicated to Franchisee. Franchisor shall review the application for site approval; and within forty-five (45) days of Franchisor's receipt of the application, Franchisor shall approve the proposed site or reject the site with comments as to why it was rejected. Franchisor reserves the right to reject any site proposed by Franchisee if Franchisee or its affiliates (or any beneficial owner(s) of Franchisee or its affiliates): fail to demonstrate adequate financial resources and operational readiness to develop the site and operate the Restaurant, including adequate sources of capital;
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, if a franchisee is developing a restaurant under a Development Agreement, the Site Approval Deadline is the earlier of two dates. The first is 180 days after the Effective Date of the Franchise Agreement. The second is the specific site approval deadline outlined in the development schedule of the Development Agreement itself.
Bojangles requires franchisees to obtain written approval for the restaurant site within the specified timeframe. Franchisees can request site selection assistance from Bojangles during this process. Franchisees are expected to propose sites that meet the criteria communicated by Bojangles, ensuring a strategic approach to location selection.
Bojangles will review the site application and, within 45 days of receipt, either approve the site or reject it with comments explaining the reasons for rejection. Bojangles retains the right to reject any proposed site if the franchisee does not demonstrate adequate financial resources, operational readiness, or is not in good standing with existing agreements. Strict compliance with the Site Approval Deadline is essential, and failure to meet it constitutes a material breach of the Franchise Agreement, potentially leading to termination.