Under what circumstances is the Addendum to the Bojangles Renewal Franchise Agreement required for Illinois 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 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 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 Renewal 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 Renewal 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.
- 4. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Renewal Franchise Agreement.
- 5. Except as expressly modified by this Addendum, the Renewal Franchise Agreement remains unmodified in full force and effect.
- 6. 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 Bojangles's 2025 Franchise Disclosure Document, the Addendum to the Bojangles Renewal Franchise Agreement is required for Illinois franchisees under specific circumstances. This addendum is integrated into the Renewal Franchise Agreement and is executed when (A) the offer or sale of a franchise to the Franchisee was made in the State of Illinois, (B) the 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.
This addendum modifies certain sections of the Renewal Franchise Agreement to comply with Illinois law. Specifically, it adds a sentence to Section XXV.A stating that Illinois law shall govern the agreement, and it adds a sentence to Section XXV.B stating that any provision designating jurisdiction or venue outside of Illinois is void with respect to any cause of action enforceable in Illinois.
For a prospective Bojangles franchisee in Illinois, this means that the terms of the franchise agreement are automatically adjusted to align with Illinois state law, particularly regarding legal jurisdiction and governing law. This ensures that Illinois franchisees are protected by Illinois law and have the ability to pursue legal action within the state if necessary. The addendum aims to provide clarity and legal certainty for franchisees operating in Illinois, safeguarding their rights under the Illinois Franchise Disclosure Act.