Under what circumstances is the Rhode Island Addendum to the Bojangles Individual Franchise 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 Individual Franchise Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to Franchisee was made in the State of Rhode Island; (B) Franchisee is a resident of the State of Rhode Island; and/or (C) the Restaurant will be located and/or operated in the State of Rhode Island.
- 2. The following language is added to Sections XXV.A. and B.:
- 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 Individual Franchise Agreement.
- 4. Except as expressly modified by this Addendum, the Individual Franchise 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 Individual Franchise Agreement is executed under specific circumstances related to the franchisee or the restaurant location. The addendum is designed to integrate with the Individual Franchise Agreement and is put in place when the offer or sale of the franchise was made in Rhode Island, the franchisee is a resident of Rhode Island, or the restaurant will be located and/or operated in Rhode Island.
This addendum ensures that the franchise agreement complies with the Rhode Island Franchise Investment Act, specifically Section 19-28.1-14, which voids any provision in the agreement that restricts jurisdiction or venue to a forum outside of Rhode Island or requires the application of laws from another state. This is to protect the franchisee's rights under Rhode Island law.
The addendum explicitly states that it forms an integral part of the Individual Franchise Agreement and remains in full effect unless expressly modified by the addendum. It also allows for the addendum to be executed in multiple counterparts, including through electronic transmission, making the process more flexible and efficient. This ensures that all parties are bound by the agreement, regardless of the method of signing.
For a prospective Bojangles franchisee in Rhode Island, this means that the Individual Franchise Agreement will be supplemented by the Rhode Island Addendum to ensure compliance with local laws. It is important for the franchisee to understand the terms of both the agreement and the addendum to be fully aware of their rights and obligations under the franchise agreement within the state of Rhode Island.