Under what circumstances is the Addendum to the Bojangles Franchise Agreement executed?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
ified by this Addendum, the Individual Franchise Agreement remains unmodified in full force and effect.
- 8. 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.
IN WITNESS WHEREOF, the parties hereto have duly executed, sealed and delivered this Addendum to the Individual Franchise Agreement on the same date as the Individual Franchise Agreement was executed.
| ATTEST: | FRANCHISOR: BOJANGLES OPCO, LLC, |
|---|---|
| a Delaware limited liability company | |
| By: | |
| [Name] | By: |
| Secretary | [Name] |
| [Title] | |
| FRANCHISEE: | |
| [ENTITY NAME], | |
| a [State] [Type of Entity] | |
| By: | |
| [Name] | |
| [Title] |
ADDENDUM TO THE BOJANGLES EXPRESS FRANCHISE AGREEMENT REQUIRED FOR MINNESOTA FRANCHISEES
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 Minnesota; (B) Franchisee is a resident of the State of Minnesota; and/or (C) the Restaurant will be located and/or operated in the State of Minnesota.
- 2. Sections VII.B. and XV.B.(3)(c) of the Express Franchise Agreement are amended by adding the following sentence to the end of the Section:
- Notwithstanding the foregoing, Franchisee will not be required to assent to a release, assignment, novation, or waiver that would relieve any person from liability imposed by Minnesota Statute §§ 80C.01 - 80C.22.
- 3. Section IX.B.(9) of the Express Franchise Agreement is amended by adding the following sentence to the end of the Section:
- Franchisor will comply with Minnesota Statues, Section 80C.12, Subd. 1(g) and will protect Franchisee's rights to use the Proprietary Marks or indemnify Franchisee from any loss, costs, or expenses arising out of any claim, suit, or demand regarding the use of the Proprietary Marks.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, there are several addenda that may be executed with the franchise agreement depending on the specific circumstances of the franchise. One addendum, the "Addendum to the Bojangles Express Franchise Agreement," is required for franchisees in Minnesota, New York, and Rhode Island. Another addendum, the "Addendum to the Bojangles Franchise Agreement," is required for franchisees in North Dakota. These addenda are entered into simultaneously with the execution of the respective franchise agreements.
Specifically, the addenda for Minnesota, New York, and Rhode Island are executed if (A) the offer or sale of a franchise to the Franchisee was made in the respective state, (B) the Franchisee is a resident of the respective state, and/or (C) the Restaurant will be located and/or operated in the respective state. Similarly, the addendum for North Dakota is executed if (A) the offer or sale of a franchise to the Franchisee was made in North Dakota, (B) the Franchisee is a resident of North Dakota, and/or (C) the Restaurant will be located and/or operated in North Dakota.
These addenda modify certain sections of the standard Bojangles franchise agreement to comply with specific state laws and regulations. For example, the Minnesota addendum modifies sections related to releases, assignments, proprietary marks, and waivers. The New York addendum addresses provisions inconsistent with New York General Business Law and clarifies rights regarding assignment, injunctive relief, and governing law. The Rhode Island addendum addresses restrictions on jurisdiction or venue outside of Rhode Island. The North Dakota addendum addresses issues the North Dakota Securities Commissioner has deemed unfair, unjust, or inequitable to North Dakota franchisees, such as restrictive covenants, arbitration proceedings, forum restrictions, liquidated damages, applicable laws, and jury trial waivers.
Prospective franchisees should carefully review any addenda applicable to their specific situation, as these documents can significantly alter the terms of the standard franchise agreement. It is important to understand how these modifications affect their rights and obligations under the franchise agreement, and to seek legal counsel if necessary.