What are the two conditions that determine the 'Site Approval Deadline' for a Bojangles restaurant?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the Site Approval Deadline is determined by two conditions. If the restaurant is not being developed under a Development Agreement, the franchisee must obtain written approval from Bojangles for the restaurant site within 180 days of the Franchise Agreement's effective date. However, if the restaurant is being developed under a Development Agreement, the Site Approval Deadline is the earlier of either 180 days after the Franchise Agreement's effective date or the site approval deadline outlined in the Development Agreement's development schedule.
For a prospective Bojangles franchisee, understanding the Site Approval Deadline is crucial because failing to meet this deadline can result in a breach of the Franchise Agreement. This could allow Bojangles to terminate the agreement. Franchisees should carefully review their Franchise Agreement and any associated Development Agreements to understand which deadline applies to their specific situation.
Bojangles does offer the possibility of an extension. Franchisees can submit a written request to Bojangles for an extension of up to six months for the Site Approval Deadline, Construction Commencement Deadline, or Opening Deadline. This request must be accompanied by a $2,500 fee to compensate Bojangles for costs, expenses, and lost opportunities related to the proposed extension. The request must be received at least 14 calendar days before the deadline, and Bojangles has the sole discretion to grant or reject the extension.