Under what circumstances is the Addendum to the Bojangles Express Franchise Agreement required for Illinois franchisees being 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 Express Franchise Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to Franchisee was made in the State of Illinois; (B) Franchisee is a resident of the State of Illinois; and/or (C) the Restaurant will be located and/or operated in the State of Illinois.
- 2. The following sentence is added at the end of Section XXVI.A. of the Express Franchise Agreement:
- Notwithstanding the foregoing, Illinois law shall govern this Agreement.
- 3. The following sentence is added to the end of Section XXVI.B. of the Express Franchise 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 Express Franchise Agreement.
- 5. Except as expressly modified by this Addendum, the Express Franchise 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.
[THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have duly executed, sealed and delivered this Addendum to the Express Franchise Agreement on the same date as the Express Franchise Agreement was executed.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the Addendum to the Bojangles Express Franchise Agreement is required for Illinois franchisees under specific circumstances. This addendum is integrated into the Express Franchise Agreement and is executed simultaneously with it.
The addendum is required when (A) the offer or sale of a franchise to the franchisee was made in the State of Illinois, (B) the franchisee is a resident of the State of Illinois, and/or (C) the restaurant will be located and/or operated in the State of Illinois. This ensures that Illinois law governs the agreement, as stated in the addendum, which adds a sentence to Section XXVI.A of the Express Franchise Agreement specifying that Illinois law shall govern the agreement notwithstanding other provisions.
Furthermore, the addendum addresses venue and jurisdiction, referencing Section 4 of the Illinois Franchise Disclosure Act. This section stipulates that any provision in the franchise agreement that designates jurisdiction or venue in a forum outside of Illinois is void with respect to any cause of action that is otherwise enforceable in Illinois. This provision protects Illinois franchisees by ensuring they can pursue legal action within their state, preventing them from being forced to litigate in a potentially distant or inconvenient forum.