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Under what circumstances would the laws of the state of the franchisee's principal place of business apply to a Bojangles Franchise Agreement, instead of North Carolina law?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

Provision Section in Agreement Summary
w. Choice of law FA: Section XXIV.A. IFA: Section XXV.A. RFA: Section XXIV.A. EFA: Section XXVI.A. Subject to state law, North Carolina law applies, except laws of state of your principal place of business apply to provisions that are not enforceable under North Carolina law.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 55–63)

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, the laws of the state where the franchisee's principal place of business is located may apply under specific circumstances. Generally, the Franchise Agreement specifies that North Carolina law governs the agreement. However, this is 'subject to state law,' meaning that if any provision within the agreement is not enforceable under North Carolina law, the laws of the state where the franchisee's principal place of business is located will take precedence.

This stipulation is important for prospective Bojangles franchisees because it acknowledges that certain aspects of the Franchise Agreement might conflict with the laws of their home state. For example, non-compete clauses or dispute resolution mechanisms that are permissible in North Carolina might be restricted or unenforceable in other states. In such cases, the franchisee benefits from the protection of their local laws, which supersede the standard terms outlined in the agreement.

It is essential for potential franchisees to consult with legal counsel in their state to understand which provisions of the Bojangles Franchise Agreement might be affected by this clause. This ensures they are fully aware of their rights and obligations under the agreement, as well as any potential conflicts with local laws. Understanding this aspect of the agreement can help franchisees avoid future legal complications and ensure fair treatment under the law.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.