Under what circumstances related to the restaurant premises can the Bojangles franchise agreement be terminated prematurely?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
criteria are met: (a) Franchisor has an established franchising program for Bojangles restaurants; and (b) the proposed franchisee has met Franchisor's applicable requirements and has executed a franchise agreement with Franchisor. Upon such assignment to a franchisee of Franchisor, Franchisor shall be released from any further liability under the terms and conditions of the Lease.
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- Landlord and Franchisee acknowledge that if the Franchise Agreement expires (without renewal) or is terminated or not renewed, Franchisee is obligated to de-identify the Premises as a Bojangles restaurant, at its sole cost and expense. Landlord and Franchisee shall permit Franchisor, its employees or agents, to enter the Premises and remove signs (both interior and exterior), décor and materials displaying any marks, designs or logos owned by Franchisor in the event Franchisee fails to timely do so.
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- Franchisor, its affiliates, and their respective successors and assigns, are intended thirdparty beneficiaries of the provisions of this Addendum.
Copies of any default or termination notices under the Lease shall also be sent to Franchisor by overnight mail to 9432 Southern Pine Boulevard, Charlotte, NC 28273 Attn: Chief Legal Officer.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
Based on the 2025 Bojangles Franchise Disclosure Document, the franchise agreement can be affected by the status of the restaurant's premises lease. Specifically, if the Franchise Agreement expires (without renewal), is terminated, or is not renewed, the franchisee is obligated to de-identify the premises as a Bojangles restaurant at their own expense. This includes removing all Bojangles signage, décor, and logos from both the interior and exterior of the premises. Should the franchisee fail to do so in a timely manner, Bojangles has the right to enter the premises and remove these items themselves.
To ensure Bojangles is informed of any issues with the lease, the landlord is required to provide Bojangles with copies of any default or termination notices at the same time they are delivered to the franchisee. This allows Bojangles to stay informed about the status of the restaurant's location and take necessary actions to protect their brand and interests.
Furthermore, the franchisee assigns their rights and interests in the lease to Bojangles, with the landlord's consent. This assignment becomes effective if the Franchise Agreement is terminated, not renewed, or expires without renewal, or if Bojangles exercises its option to purchase the restaurant. Bojangles must also notify the franchisee and landlord in writing that it is assuming the franchisee's obligations under the lease for this assignment to take effect. This provision ensures that Bojangles has the option to maintain control of the restaurant location even if the franchise agreement is terminated.