conditional

Under what condition are the Additional Disclosures regarding waivers and disclaimers effective for a Bojangles franchise?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

Each provision of these Additional Disclosures shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Maryland Franchise Registration and Disclosure Law are met independently without reference to these Additional Disclosures.

Source: Item 22 — CONTRACTS (FDD page 82)

What This Means (2025 FDD)

According to Bojangles' 2025 Franchise Disclosure Document, the Additional Disclosures regarding waivers and disclaimers are only effective if the jurisdictional requirements of the Maryland Franchise Registration and Disclosure Law are independently met, without relying on these Additional Disclosures themselves. This means that for these specific clauses to be valid and enforceable, the legal prerequisites of Maryland's franchise law must be satisfied on their own merit, separate from any provisions included in the Additional Disclosures. This condition applies to each individual provision within the Additional Disclosures, ensuring that each one independently complies with Maryland law.

This requirement suggests that Bojangles is ensuring compliance with Maryland franchise law by making sure that the standard franchise agreement and related documents already meet the state's requirements. The Additional Disclosures serve as supplementary information, but their effectiveness hinges on the underlying agreement's independent validity under Maryland law. This approach protects both the franchisor and the franchisee by reinforcing the legal soundness of the franchise agreement within the specific jurisdiction.

For a prospective Bojangles franchisee in Maryland, this condition means that they should carefully review the franchise agreement and its compliance with Maryland law, irrespective of the Additional Disclosures. It would be prudent to consult with a legal professional familiar with Maryland franchise law to verify that all jurisdictional requirements are indeed met independently. This ensures that any waivers or disclaimers are fully enforceable and that the franchisee understands their rights and obligations under the agreement.

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.