Under what circumstances is the Addendum to the Bojangles Renewal Franchise Agreement required?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
ADDENDUM TO THE BOJANGLES RENEWAL FRANCHISE AGREEMENT REQUIRED FOR RHODE ISLAND FRANCHISEES
This Addendum to the Bojangles Renewal Franchise Agreement dated ("Renewal Franchise Agreement") between BOJANGLES OPCO, LLC ("Franchisor") and ("Franchisee") is entered into simultaneously with the execution of the Renewal Franchise Agreement.
- 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Renewal 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 Renewal Franchise Agreement.
- 4. Except as expressly modified by this Addendum, the Renewal 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 Renewal Franchise Agreement is required under specific circumstances related to the franchisee's location or residency. This addendum is necessary if the offer or sale of the franchise was made in the State of Rhode Island, if the franchisee is a resident of Rhode Island, or if the restaurant will be located and/or operated in Rhode Island. The provisions outlined in the addendum become an integral part of the Renewal Franchise Agreement.
This addendum modifies the Renewal Franchise Agreement to comply with the Rhode Island Franchise Investment Act. Specifically, it addresses Section 19-28.1-14 of the 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. The addendum ensures that Bojangles franchisees in Rhode Island are protected by Rhode Island law.
For a prospective Bojangles franchisee, this means that if they are purchasing a renewal franchise in Rhode Island, they will need to sign this addendum. The addendum ensures that certain provisions of the franchise agreement are compliant with Rhode Island law, particularly regarding jurisdiction and venue for dispute resolution. This offers the franchisee additional legal protection under Rhode Island's franchise investment act, preventing the application of out-of-state laws or forums that could be disadvantageous.