Under what circumstances is the Addendum to the Bojangles Renewal Franchise Agreement required for Rhode Island franchisees executed?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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 for Rhode Island franchisees is executed simultaneously with the Renewal Franchise Agreement. This addendum is required under specific circumstances related to the franchisee or the restaurant's location.
The addendum is necessary if (A) the offer or sale of the Bojangles franchise was made in Rhode Island, (B) the franchisee is a resident of Rhode Island, or (C) the restaurant will be located and/or operated in Rhode Island. These conditions ensure that Rhode Island's specific franchise laws are considered and integrated into the franchise agreement.
The addendum modifies the Renewal Franchise Agreement by adding language to Sections XXV.A. and B. to reflect Section 19-28.1-14 of the Rhode Island Franchise Investment Act, which states that any provision restricting jurisdiction or venue to a forum outside of Rhode Island or requiring the application of other states' laws is void concerning claims enforceable under this Act. This ensures that Rhode Island franchisees have the right to resolve disputes under Rhode Island law, regardless of what the standard franchise agreement might say. Except for these specific modifications, the Renewal Franchise Agreement remains in full effect.