Under what circumstances is the Illinois Addendum to the Bojangles Individual Franchise Agreement executed?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Individual 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 Individual 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 Individual 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 Individual Franchise Agreement.
- 5. Except as expressly modified by this Addendum, the Individual 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 Illinois Addendum to the Individual Franchise Agreement is executed under specific circumstances related to the franchisee or the restaurant's location. The addendum is an integral part of the Individual Franchise Agreement and is incorporated into it.
The Illinois Addendum is executed if any of the following conditions are met: the offer or sale of the Bojangles franchise was made in the state of Illinois, the franchisee is a resident of Illinois, or the Bojangles restaurant will be located and/or operated in Illinois. This ensures that Illinois law governs the agreement, and provisions that designate jurisdiction or venue outside of Illinois are void with respect to any cause of action enforceable in Illinois, as per the Illinois Franchise Disclosure Act.
This addendum modifies specific sections of the Individual Franchise Agreement to comply with Illinois state law. Prospective Bojangles franchisees in Illinois should carefully review this addendum with their legal counsel to understand their rights and obligations under Illinois law. The inclusion of this addendum demonstrates Bojangles's effort to comply with state-specific franchise regulations, which is a common practice in franchising to ensure legal compliance and protect the interests of both the franchisor and franchisee.