Under what circumstances is the Addendum to the Bojangles Individual Franchise Agreement required for Rhode Island franchisees executed?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
- 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 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 XXV.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 Individual Franchise Agreement.
- 4. Except as expressly modified by this Addendum, the Individual 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.
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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 Individual Franchise Agreement is required for Rhode Island franchisees under specific circumstances. This addendum is an integral part of the Individual Franchise Agreement and is executed simultaneously with it.
The addendum is required when (A) the offer or sale of a franchise to the franchisee was made in the State of Rhode Island, (B) the franchisee is a resident of the State of Rhode Island, or (C) the restaurant will be located and/or operated in the State of Rhode Island. This ensures that Rhode Island's specific franchise laws are considered and integrated into the franchise agreement.
Specifically, the addendum includes language that addresses Section 19-28.1-14 of the Rhode Island Franchise Investment Act, which states that any provision in a franchise agreement restricting jurisdiction or venue to a forum outside of Rhode Island or requiring the application of laws from another state is void with respect to claims enforceable under the Act. This protects the franchisee's rights under Rhode Island law.
This addendum modifies the Individual Franchise Agreement only to the extent expressly stated within the addendum. All other parts of the Individual Franchise Agreement remain in full effect. The document also allows for execution in multiple counterparts, including electronic transmission, making the process more flexible.