Under what condition are the Additional Disclosures in Item 22 of the Bojangles FDD effective?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
ure Act any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
3. Item 22, Additional Disclosures. The following statements are added to Item 22:
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Each provision of these Additional Disclosures shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Illinois Franchise Disclosure Act are met independently without reference to these Additional Disclosures.
ADDITIONAL DISCLOSURE DOCUMENT DISCLOSURES REQUIRED BY THE STATE OF MARYLAND
**1.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the additional disclosures in Item 22 are only effective if the jurisdictional requirements of the relevant state's franchise law are independently met, without relying on these additional disclosures. This condition applies specifically to Illinois, Maryland, North Dakota, and Washington.
For a prospective Bojangles franchisee, this means that the specific legal requirements for franchising in these states must be satisfied regardless of any extra information provided in Item 22. The additional disclosures are only relevant if the basic legal requirements for franchising in that state are already fulfilled.
This ensures that Bojangles franchisees in these states are protected by their state's franchise laws, and the additional disclosures serve to supplement, not replace, those legal protections. If the fundamental jurisdictional requirements are not met, the additional disclosures have no force or effect, emphasizing the importance of adhering to state-specific franchise regulations.