Under what circumstances is the Addendum to the Bojangles Franchise Agreement required for Rhode Island franchisees executed?
Bojangles Franchise · 2025 FDDAnswer 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 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 XXIV.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 Franchise Agreement.
- 4. Except as expressly modified by this Addendum, the 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 the 2025 Bojangles Franchise Disclosure Document, an addendum to the franchise agreement is required for Rhode Island franchisees under specific circumstances. This addendum is integrated into the franchise agreement and is executed when one or more of the following conditions are met: the offer or sale of the franchise was made in Rhode Island, the franchisee is a resident of Rhode Island, or the Bojangles restaurant will be located and/or operated in Rhode Island.
The Rhode Island addendum includes a clause addressing Section 19-28.1-14 of the Rhode Island Franchise Investment Act, which stipulates that any provision in a franchise agreement that restricts jurisdiction or venue to a location outside of Rhode Island or requires the application of laws from another state is void concerning claims enforceable under the Act. This ensures that Rhode Island franchisees have the right to resolve disputes within their own state under Rhode Island law.
This addendum modifies specific sections of the standard Bojangles franchise agreement to comply with Rhode Island law, while all other aspects of the original agreement remain in full effect. The document also allows for the addendum to be executed in multiple counterparts, including through electronic transmission, making the process more flexible and efficient for both Bojangles and the franchisee.