Under what circumstances is the Addendum to the Bojangles Individual Franchise Agreement required for Illinois 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 Individual 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 XXV.A. of the Individual Franchise Agreement:
- Notwithstanding the foregoing, Illinois law shall govern this Agreement.
- 3. The following sentence is added to the end of Section XXV.B. of the Individual 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.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the Addendum to the Individual Franchise Agreement is required for Illinois franchisees under specific circumstances. This addendum becomes an integral part of the Individual Franchise Agreement.
The addendum is executed when one or more of the following conditions are met: the offer or sale of the Bojangles franchise was made in the state of Illinois, the franchisee is a resident of Illinois, or the Bojangles restaurant will be located and/or operated in Illinois. This ensures that Illinois-specific legal considerations are incorporated into the franchise agreement.
Furthermore, the addendum specifies that Illinois law governs the agreement, and it addresses the enforceability of jurisdiction or venue clauses outside of Illinois, aligning with the Illinois Franchise Disclosure Act. This protects the franchisee by ensuring that disputes can be resolved within the state, if applicable under Illinois law.