In which state must any legal action be brought by either party against the other regarding the Bojangles franchise agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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 the 2025 Bojangles Franchise Disclosure Document, except for payments owed and unless prohibited by law, any legal action related to the franchise agreement must be brought within two years of when the party knew or should have known about the facts giving rise to the claim. The FDD does not specify a particular state for legal actions or proceedings.
However, the document includes addenda for franchisees in North Dakota and Minnesota, addressing specific legal considerations within those states. For North Dakota franchisees, the addendum addresses issues such as restrictive covenants, arbitration locations, restrictions on forum, liquidated damages, applicable laws, and waiver of trial by jury. For Minnesota franchisees, the addendum includes clauses to protect the franchisee's rights regarding proprietary marks and to ensure compliance with Minnesota statutes.
Because the FDD does not specify a state where legal action must occur, prospective franchisees should inquire with Bojangles about the specific jurisdiction and venue for resolving disputes under the franchise agreement. Understanding this aspect is crucial for assessing potential legal costs and convenience in case of future disagreements.