Under what condition are the provisions of the Additional Disclosures in Item 22 for Bojangles effective?
Bojangles Franchise · 2025 FDDAnswer 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 Illinois Franchise Disclosure Act are met independently without reference to these Additional Disclosures.
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 outlined in the Additional Disclosures within Item 22 are contingent upon meeting specific jurisdictional requirements. For Illinois, Maryland and Washington, each provision becomes effective only if the jurisdictional requirements of the Illinois Franchise Disclosure Act, the Maryland Franchise Registration and Disclosure Law, and the Washington Franchise Investment Protection Act, respectively, are independently satisfied, without relying on the Additional Disclosures themselves.
This condition means that the extra disclosures provided in Item 22 only apply if the base legal requirements for franchising in each state are already met. In other words, Bojangles cannot use these additional disclosures to compensate for failing to meet the fundamental requirements of franchise law in those states. This ensures that franchisees in these states receive the full protection of their state's franchise laws, regardless of any additional information provided by Bojangles.
For a prospective Bojangles franchisee, this is an important safeguard. It prevents Bojangles from using extra disclosures to bypass or weaken the legal protections afforded by state franchise laws. Franchisees should still carefully review all disclosures and agreements, but this provision ensures that their basic legal rights are upheld, particularly in Illinois, Maryland, and Washington.