Under what circumstances is the Addendum to the Bojangles Express Franchise Agreement required for Rhode Island franchisees executed?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum to the Bojangles Express Franchise Agreement dated ("Express Franchise Agreement") between BOJANGLES OPCO, LLC ("Franchisor") and ("Franchisee") is entered into simultaneously with the execution of the Express Franchise Agreement.
- 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 Rhode Island; (B) Franchisee is a resident of the State of Rhode Island; and/or (C) the Restaurant will be located and/or operated in the State of Rhode Island.
- 2. The following language is added to Sections XXVI.A. and B.:
- Section 19-28.1-14 of the Rhode Island Franchise Investment Act provides that "A provision in a franchise agreement restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state is void with respect to a claim otherwise enforceable under this Act."
- 3. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Express Franchise Agreement.
- 4. Except as expressly modified by this Addendum, the Express Franchise Agreement remains unmodified and in full force and effect.
- 5. 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.
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 for Rhode Island franchisees is executed simultaneously with the Express Franchise Agreement. This addendum is required under specific circumstances related to the franchisee or the restaurant's location.
The addendum is executed if the offer or sale of the franchise was made in Rhode Island, if the franchisee is a resident of Rhode Island, or if the restaurant will be located or operated in Rhode Island. The provisions outlined in the addendum become an integral part of the Express Franchise Agreement, ensuring compliance with Rhode Island's specific franchise laws.
Specifically, the addendum addresses Section 19-28.1-14 of the Rhode Island Franchise Investment Act, which states that any provision in a franchise agreement restricting jurisdiction or venue to a forum outside of Rhode Island or requiring the application of laws from another state is void concerning claims enforceable under this Act. This ensures that Rhode Island franchisees have the right to resolve disputes within their own state under Rhode Island law. The addendum also states that unless modified by the addendum, the Express Franchise Agreement remains in full effect.