Under what circumstances is the Rhode Island Addendum to the Bojangles Development Agreement executed?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Development Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to Developer was made in the State of Rhode Island; (B) Developer is a resident of the State of Rhode Island; and/or (C) the Assigned Area will be located in the State of Rhode Island.
- 2. The following language is added to Sections XVI.B. and C.:
- Section 19-28.1-14 of the Rhode Island Franchise Investment Act provides that "A provision in a franchise agreement restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state is void with respect to a claim otherwise enforceable under this Act."
- 3. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Development Agreement.
- 4. Except as expressly modified by this Addendum, the Development Agreement remains unmodified and in full force and effect.
- 5. This Addendum may be executed in multiple counterparts, each of which when executed and delivered shall be deemed to be an original and all of which together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Addendum by electronic transmission (including an electronic signature platform such as DocuSign or the transmission of a scanned PDF document) shall be effective as delivery of a manually executed counterpart of this Addendum.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the Rhode Island Addendum to the Bojangles Development Agreement is executed under specific circumstances related to the franchisee or the territory. The addendum is designed to ensure compliance with Rhode Island's franchise laws, particularly concerning jurisdiction and venue. This addendum modifies the Development Agreement to reflect Rhode Island law.
The Rhode Island Addendum is executed when (A) the offer or sale of a Bojangles franchise to the Developer was made in the State of Rhode Island, (B) the Developer is a resident of the State of Rhode Island, or (C) the Assigned Area for development will be located in the State of Rhode Island. These conditions ensure that if the franchise transaction has any connection to Rhode Island, the addendum is applied.
The addendum includes a clause that adds language to specific sections of the Development Agreement, referencing Section 19-28.1-14 of the Rhode Island Franchise Investment Act. This act stipulates that any provision in a franchise agreement restricting jurisdiction or venue to a forum outside of Rhode Island, or requiring the application of laws from another state, is void with respect to claims enforceable under the Act. This protects Rhode Island franchisees from being subjected to unfair legal terms.
All other terms of the Development Agreement remain in effect, except as expressly modified by the Rhode Island Addendum. The addendum can be executed in multiple counterparts, including electronic versions, making the process more flexible. This ensures that Bojangles and the developer both agree to the specific modifications and protections provided by Rhode Island law.