Under what circumstances is the New York Addendum to the Bojangles Development Agreement executed?

According to Bojangles's 2025 Franchise Disclosure Document, the New York Addendum to the Bojangles Development Agreement is executed under specific circumstances related to the state of New York. This addendum is designed to ensure compliance with New York state law and to protect the interests of franchisees operating in New York.

The New York Addendum is executed when (A) the offer or sale of a franchise to the Developer was made in the State of New York; (B) the Developer is a resident of the State of New York; or (C) the Assigned Area (territory) will be located in the State of New York. These conditions ensure that any Development Agreement involving New York has the necessary legal protections and disclosures required by New York law.

This addendum modifies the Development Agreement to align with New York General Business Law, Article 33, Sections 680-695, and any inconsistent provisions in the Development Agreement may not be enforceable in New York. The addendum also includes specific sentences added to various sections of the Development Agreement, such as those regarding injunctive relief and claims under New York Franchises Law, to further protect the franchisee's rights under New York law.

For a prospective Bojangles franchisee, this means that if they are offered a franchise in New York, reside in New York, or plan to operate their Bojangles restaurants in New York, the Development Agreement will be accompanied by this addendum. It is crucial for franchisees to understand the implications of this addendum, as it modifies the original Development Agreement and incorporates additional legal protections specific to New York.