factual

What are the specific deadlines that, if missed, would allow Bojangles to terminate the franchise agreement immediately without an opportunity for the franchisee to cure the default?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

  • B.

Upon occurrence of any of the following events, Franchisee shall be deemed to be in default and Franchisor may, at its option, terminate this Agreement and all rights granted hereunder, without affording Franchisee any opportunity to cure the default, effective immediately upon receipt of notice by Franchisee:

  • (1) If Franchisee fails to: obtain Franchisor's approval of a site for the Restaurant by the Site Approval Deadline; commence construction of the Restaurant by the Construction Commencement Deadline; or construct, furnish, and open the Restaurant by the Opening Deadline;

  • (2) If Franchisee or any shareholder or member of Franchisee is convicted of a felony, a crime involving moral turpitude, or any other crime or offense that is reasonably likely, in the sole opinion of Franchisor, adversely to affect the System, the Proprietary Marks, the Trade Dress, the goodwill associated therewith, or Franchisor's interest therein;

  • (3) If Franchisee or any shareholder or member of Franchisee purports to transfer any interest in this Agreement, any rights hereunder, including but not limited to any rights to operate the Restaurant, franchise and license rights or obligations under this Agreement or to any interest in Franchisee to any third party without Franchisor's prior written consent, contrary to the terms of Paragraph XV. of this Agreement;

  • (4) If Franchisee or any individual, partnership, corporation, limited liability company or other legal entity which directly or indirectly owns an interest in Franchisee shall, without the prior written consent of Franchisor, make any transfer that alone or together with other previous, simultaneous or proposed transfers, would have the effect of transferring a controlling interest in Franchisee to an entity or parent, subsidiary or affiliate thereof which is a competitor of Franchisor.

  • (5) If, contrary to the terms of Paragraph X. or XI. hereof, Franchisee discloses or divulges the contents of the Manual or other confidential information provided to Franchisee by Franchisor;

  • (6) If Franchisee knowingly maintains false books or records, or knowingly submits any false reports to Franchisor;

Source: Item 22 — CONTRACTS (FDD page 82)

What This Means (2025 FDD)

According to Bojangles' 2025 Franchise Disclosure Document, there are several deadlines related to site approval, construction, and opening that, if not met, can result in immediate termination of the franchise agreement without an opportunity to cure the default. Specifically, Bojangles can terminate the agreement if the franchisee fails to obtain Bojangles' approval of a site by the Site Approval Deadline, fails to commence construction by the Construction Commencement Deadline, or fails to construct, furnish, and open the restaurant by the Opening Deadline.

In addition to these deadlines, Bojangles can also immediately terminate the agreement if the franchisee or any shareholder/member is convicted of a felony or a crime involving moral turpitude that could adversely affect the Bojangles system. Immediate termination can also occur if the franchisee attempts to transfer any interest in the agreement or rights to operate the restaurant without Bojangles' prior written consent, or if a controlling interest in the franchise is transferred to a competitor without consent.

Furthermore, Bojangles can immediately terminate the agreement if the franchisee discloses confidential information from the manual or submits false reports. These stipulations highlight the importance of adhering to the franchise agreement's terms and maintaining ethical and legal compliance to avoid immediate termination and loss of the franchise.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.