factual

Under what circumstances related to legal or financial issues can the Bojangles franchise agreement be terminated?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (8) If Franchisee ceases to operate or otherwise abandons, or attempts to cease to operate or abandon, the Restaurant or enters into an agreement to sell, or sells, or purports or attempts to sell, the real property upon which the Restaurant is situated, or substantially all right, title and interest in and to the Restaurant or real property lease, or substantially all of the assets of Franchisee or of the Restaurant, without Franchisor's prior written consent; provided, however, that upon the occurrence of any of the foregoing events, Franchisor may, in lieu of immediate termination of this Agreement, request from Franchisee, a statement of intentions and assurances that no event in breach of this Agreement is so contemplated, which statement and assurances shall be delivered in writing within twenty-four (24) hours of Franchisor's request.

In addition Franchisor may request, and Franchisee shall provide within five (5) business days thereafter, a performance bond from Franchisee, the amount of such bond and the issuing entity to be solely at Franchisor's reasonable discretion.

  • (9) If any other Franchise Agreement or Development Agreement for Bojangles restaurants or any other agreements with Franchisor or its affiliates entered into by Franchisee or its affiliates (or any beneficial owner(s) of Franchisee or its affiliates) is terminated based upon Franchisee's or its affiliates' (or any beneficial owner(s) of Franchisee's or its affiliates') default thereunder;

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  • (10) If Franchisee, after curing a default pursuant to Paragraph XIV.C. hereof, commits the same, or a substantially similar, default again within one hundred eighty (180) days after the prior default occurred, whether or not cured after notice; or

  • (11) If Franchisee repeatedly is in default under Paragraph XIV.C. hereof for failure to comply with any of the requirements imposed by this Agreement, whether or not cured after notice.

  • C.

Except as otherwise provided in Paragraphs XIV.A. and XIV.B. of this Agreement, Franchisee shall have ten (10) days for a monetary default and thirty (30) days for any other default after its receipt from Franchisor of a written notice of default within which to remedy any default hereunder and to provide evidence thereof to Franchisor.

If any such default is not cured within that time, or such longer period as applicable law may require, Franchisor may terminate this Agreement, effective immediately upon Franchisee's receipt of notice from Franchisor after the expiration of the ten (10) day or thirty (30) day period, as applicable, or such longer period as applicable law may require.

Franchisee shall be in default hereunder for any failure to comply with any of the requirements imposed by this Agreement, including any matter enumerated in this Paragraph XIV.C., as it may from time to time reasonably be supplemented by the Manual, or to carry out the terms of this Agreement in good faith.

Such defaults shall include, for example, but without limitation, the occurrence of any of the following events:

Source: Item 22 — CONTRACTS (FDD page 82)

What This Means (2025 FDD)

According to Bojangles' 2025 Franchise Disclosure Document, the franchise agreement can be terminated under certain legal and financial circumstances. Specifically, if the franchisee ceases to operate or abandons the restaurant, attempts to do so, or enters into an agreement to sell the real property upon which the restaurant is located without Bojangles' prior written consent, Bojangles may terminate the agreement. However, Bojangles may request a statement of intentions and assurances from the franchisee, along with a performance bond, before proceeding with termination.

Additionally, if the franchisee or its affiliates have another Franchise Agreement or Development Agreement with Bojangles that is terminated due to their default, this can also lead to the termination of the franchise agreement. Furthermore, if a franchisee commits the same or a substantially similar default after curing a previous default within 180 days, or if the franchisee repeatedly defaults under Paragraph XIV.C for failure to comply with the agreement's requirements, Bojangles has grounds for termination.

Bojangles also outlines a process for addressing defaults. Franchisees typically have ten days to remedy a monetary default and thirty days to correct any other default after receiving written notice from Bojangles. If the default is not cured within the specified time, Bojangles can terminate the agreement immediately upon notice. The agreement emphasizes that any failure to comply with its requirements or to carry out its terms in good faith constitutes a default, potentially leading to termination.

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.