Under what circumstances is the Addendum to the Bojangles Renewal Franchise Agreement required for Minnesota franchisees executed?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum is being executed because: (A) the offer or sale of a franchise to Franchisee was made in the State of Minnesota; (B) Franchisee is a resident of the State of Minnesota; and/or (C) the Restaurant will be located and/or operated in the State of Minnesota.
2. Sections II.B.(7), VII.B., and XIV.B.(3)(c) of the Renewal Franchise Agreement are amended by adding the following sentence to the end of the Section:
Notwithstanding the foregoing, Franchisee will not be required to assent to a release, assignment, novation, or waiver that would relieve any person from liability imposed by Minnesota Statute §§ 80C.01 - 80C.22.
3. Sections II, XIV, and XV of the Renewal Franchise Agreement are amended by adding the following sentence to the end of the Section:
With respect to franchises governed by Minnesota law, Franchisor will comply with Minnesota Statute § 80C.14, Subdivisions 3, 4, and 5, which requires, except in certain cases, that (1) a franchisee be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of franchise agreements; and (2) that consent to the transfer of a franchise will not be unreasonably withheld.
4. Section VIII.B.(9) of the Renewal Franchise Agreement is amended by adding the following sentence to the end of the Section:
Franchisor will comply with Minnesota Statues, Section 80C.12, Subd. 1(g) and will protect Franchisee's rights to use the Proprietary Marks or indemnify Franchisee from any loss, costs, or expenses arising out of any claim, suit, or demand regarding the use of the Proprietary Marks.
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 Minnesota franchisees under specific circumstances. This addendum is created when the offer or sale of the franchise is made in Minnesota, if the franchisee is a resident of Minnesota, or if the Bojangles restaurant will be located or operated in the state of Minnesota.
The addendum modifies specific sections of the Renewal Franchise Agreement to ensure compliance with Minnesota law. For instance, it amends sections related to releases, assignments, novations, or waivers, ensuring that franchisees are not required to waive protections provided by Minnesota Statute §§ 80C.01 - 80C.22. It also ensures Bojangles complies with Minnesota Statute § 80C.14 regarding termination and non-renewal notices, as well as transfer consent.
These modifications protect the franchisee's rights under Minnesota law, particularly concerning termination, non-renewal, and transfer of the franchise. The addendum also ensures that Bojangles will protect the franchisee's rights to use proprietary marks and indemnify them against losses arising from claims related to the use of these marks. This addendum is an integral part of the Renewal Franchise Agreement, ensuring that Minnesota franchisees receive the protections mandated by Minnesota state law.