Under what circumstances is the Addendum to the Bojangles Development Agreement required for Illinois franchisees executed?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
- 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Development Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to Developer was made in the State of Illinois; (B) Developer is a resident of the State of Illinois; and/or (C) the Assigned Area will be located in the State of Illinois.
- 2. The following sentence is added at the end of Section XVI.B. of the Development Agreement:
Notwithstanding the foregoing, Illinois law shall govern this Agreement.
- 3. The following sentence is added to the end of Section XVI.C. of the Development Agreement:
- Section 4 of the Illinois Franchise Disclosure Act provides that any provision in a franchise agreement that designates jurisdiction or venue in a forum outside of Illinois is void with respect to any cause of action that otherwise is enforceable in Illinois.
- 4. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Development Agreement.
- 5. Except as expressly modified by this Addendum, the Development Agreement remains unmodified in full force and effect.
- 6. This Addendum may be executed in multiple counterparts, each of which when executed and delivered shall be deemed to be an original and all of which together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Addendum by electronic transmission (including an electronic signature platform such as DocuSign or the transmission of a scanned PDF document) shall be effective as delivery of a manually executed counterpart of this Addendum.
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Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, an addendum to the Bojangles Development Agreement is required for Illinois franchisees under specific circumstances. This addendum is executed when (A) the offer or sale of a franchise to the developer was made in the State of Illinois, (B) the developer is a resident of the State of Illinois, and/or (C) the assigned area for development will be located in the State of Illinois. This ensures that the Development Agreement complies with Illinois state laws.
The addendum modifies certain sections of the Development Agreement to align with Illinois regulations. Specifically, it stipulates that Illinois law governs the agreement, overriding any conflicting provisions. It also references Section 4 of the Illinois Franchise Disclosure Act, which voids any clause designating jurisdiction or venue outside of Illinois for actions enforceable within the state.
This addendum is integrated into the Development Agreement, forming an essential part of the contract. It clarifies that unless explicitly modified by the addendum, the original Development Agreement remains fully effective. The document can be executed in multiple counterparts, including through electronic transmission, making the process more efficient. This ensures that Bojangles complies with Illinois franchise laws, protecting both the franchisor and franchisee by adhering to state-specific legal requirements.