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Under what circumstances is the Addendum to the Bojangles Franchise Agreement required for Illinois franchisees executed?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 1. The provisions of this Addendum form an integral part of, and are incorporated into, the 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 XXIV.A. of the Franchise Agreement:

Notwithstanding the foregoing, Illinois law shall govern this Agreement.

3. The following sentence is added to the end of Section XXIV.B. of the 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 Franchise Agreement.
  • 5. Except as expressly modified by this Addendum, the 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.

Source: Item 22 — CONTRACTS (FDD page 82)

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, an addendum to the franchise agreement is required for Illinois franchisees under specific circumstances. This addendum is integrated into the franchise agreement and is executed when (A) the offer or sale of a franchise to the franchisee was made in Illinois, (B) the franchisee is a resident of Illinois, or (C) the restaurant will be located and/or operated in Illinois.

The addendum modifies specific sections of the standard Bojangles franchise agreement to align with Illinois law. Specifically, Illinois law governs the agreement, and any provision designating jurisdiction or venue outside of Illinois is void concerning causes of action enforceable in Illinois.

This ensures that Illinois franchisees have their legal rights protected under Illinois state law, particularly concerning jurisdiction and venue for legal disputes. Franchisees should carefully review this addendum with legal counsel to understand their rights and obligations under Illinois law.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.