Under what circumstances can the Bojangles Development Incentive Program Addendum be terminated without notice or opportunity to cure?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
A. Grounds for Termination. This Addendum, and the equipment reimbursement incentives offered pursuant to this Addendum, shall terminate without notice to Developer, and without any opportunity to cure, if:
- (1) Developer fails to open any Restaurant on or before the applicable date set forth in the Development Schedule; or
- (2) Developer and/or any of Developer's affiliates receive a written notice of default under the Development Agreement, any Franchise Agreement or any other agreement with Franchisor or its affiliates and fail to cure the default within the applicable cure period, if any.
- B. Effect of Termination. If this Addendum is terminated, then Developer will not be entitled to receive any further equipment reimbursement incentives under the Program for future Qualifying Restaurants that Developer develops.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the Equipment Reimbursement Incentive Program Addendum can be terminated without notice or opportunity to cure under specific circumstances. This addendum outlines the terms under which a developer can receive equipment reimbursement incentives for opening new Bojangles restaurants.
The addendum will terminate immediately if the developer fails to open any restaurant by the date specified in the Development Schedule. This means Bojangles expects strict adherence to the agreed-upon timeline for opening new locations, and failure to meet this deadline results in immediate loss of the incentives.
Additionally, the addendum can be terminated if the developer or any of their affiliates receive a written notice of default under the Development Agreement, any Franchise Agreement, or any other agreement with Bojangles or its affiliates, and they fail to cure the default within the given cure period. This clause emphasizes the importance of maintaining compliance with all agreements with Bojangles. If a franchisee fails to fix a breach of contract within the allotted time, they risk losing the equipment reimbursement incentives. If the addendum is terminated, the developer will not be entitled to receive any further equipment reimbursement incentives under the Program for future Qualifying Restaurants that Developer develops.