conditional

Under what condition is each provision of the Additional Disclosures in the Bojangles franchise agreement effective?

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.

The provisions of these Additional Disclosures shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Washington Franchise Investment Protection Act are met independently without reference to these Additional Disclosures.

Source: Item 22 — CONTRACTS (FDD page 82)

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, the provisions within the Additional Disclosures are effective only if the jurisdictional requirements of the Maryland Franchise Registration and Disclosure Law or the Washington Franchise Investment Protection Act are independently met, without relying on these Additional Disclosures themselves. This means that for these additional disclosures to apply, the specific legal requirements for franchising in either Maryland or Washington must be satisfied on their own merit, separate from the existence of these additional disclosures.

For a prospective Bojangles franchisee, this condition is important because it clarifies that the extra disclosures provided are only relevant if the base legal requirements for franchising in Maryland or Washington are already fulfilled. It ensures that Bojangles is compliant with state-specific franchise laws, adding an extra layer of protection for franchisees in those states. This also implies that franchisees should be aware of and understand the franchise laws in their specific state, especially if they are operating in Maryland or Washington, to fully grasp the implications of these additional disclosures.

This approach is fairly common in franchising, as franchisors often include state-specific addenda to their franchise agreements to comply with varying state regulations. By making the effectiveness of these disclosures contingent on meeting the state's jurisdictional requirements independently, Bojangles aims to ensure that franchisees in these states receive the necessary information and protections mandated by local laws. Franchisees should consult with a legal professional to ensure they understand all applicable state laws and how they interact with the franchise 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.