Under what circumstances is the Addendum to the Bojangles Franchise Agreement required for North Dakota franchisees executed?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
ADDENDUM TO THE BOJANGLES FRANCHISE AGREEMENT REQUIRED FOR NORTH DAKOTA FRANCHISEES
This Addendum to the Bojangles [Individual] [Express] [Renewal] Franchise Agreement dated ("Franchise Agreement") between BOJANGLES OPCO, LLC ("Franchisor") and ("Franchisee") is entered into simultaneously with the execution of the Franchise Agreement.
- 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 North Dakota; (B) Franchisee is a resident of the State of North Dakota; and/or (C) the Restaurant will be located and/or operated in the State of North Dakota.
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 Franchise Agreement is required for North Dakota franchisees under specific circumstances. This addendum, which is an integral part of the franchise agreement, is executed simultaneously with the franchise agreement itself.
The addendum is required when (A) the offer or sale of a franchise to the franchisee was made in the State of North Dakota, (B) the franchisee is a resident of the State of North Dakota, or (C) the restaurant will be located and/or operated in the State of North Dakota. These conditions ensure that North Dakota franchise law is properly considered and applied to the franchise relationship.
The addendum addresses specific concerns raised by the North Dakota Securities Commissioner regarding fairness and equity for franchisees in North Dakota, particularly concerning restrictive covenants, arbitration proceedings, forum restrictions, liquidated damages, applicable laws, and waivers of trial by jury, exemplary damages, general releases, and limitations of claims. The inclusion of this addendum aims to protect the rights of Bojangles franchisees in North Dakota and ensure compliance with North Dakota state law.