conditional

Under what circumstances related to other agreements between Bojangles and the franchisee is the franchisee's authority to transfer interest subject to additional conditions and limitations?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

The foregoing remedies shall be in addition to any other remedies Franchisor may have.

XIII. TRANSFER

  • A. Franchisor shall have the right to transfer or assign all or any part of its rights or obligations herein to any person or legal entity.
  • B. Transfer by Franchisee of the right to operate the restaurant, or any interest in this Agreement, in the franchise rights and license rights, and/or in Franchisee are limited as follows:
  • (1) Franchisee's authority to transfer any interest under this Agreement is also subject to the terms of any other agreement between Franchisor and Franchisee, including a

Development Agreement, which may impose additional conditions and limitations on Franchisee's right to transfer its interest under this Agreement.

Source: Item 22 — CONTRACTS (FDD page 82)

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, a franchisee's ability to transfer any interest in the franchise is subject to the terms outlined in the Franchise Agreement, as well as any other agreements between Bojangles and the franchisee. These additional agreements, such as a Development Agreement, may impose further conditions and limitations on the franchisee's right to transfer their interest in the Franchise Agreement.

This means that if a prospective Bojangles franchisee has entered into a separate agreement with Bojangles, such as a Development Agreement to open multiple locations, the terms of that agreement could restrict their ability to sell or transfer their interest in the franchise. These restrictions could include requiring Bojangles's approval for any transfer, giving Bojangles the right of first refusal to purchase the franchise, or setting specific financial or operational criteria that a potential buyer must meet.

For a prospective franchisee, this highlights the importance of carefully reviewing all agreements with Bojangles, not just the standard Franchise Agreement. Understanding the terms of any Development Agreement or other side agreements is crucial, as these can significantly impact the franchisee's exit strategy and ability to realize the value of their investment in the future. Franchisees should seek legal counsel to fully understand the implications of all agreements before signing.

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.