Under what conditions is the Addendum to the Renewal Franchise Agreement for Bojangles executed?

According to the 2025 Bojangles Franchise Disclosure Document, the Addendum to the Bojangles Renewal Franchise Agreement is executed simultaneously with the Renewal Franchise Agreement. This addendum becomes an integral part of the Renewal Franchise Agreement.

For franchisees in specific states like Rhode Island, North Dakota, and Minnesota, the addendum is executed if the offer or sale of the franchise was made in that state, if the franchisee is a resident of that state, or if the restaurant will be located or operated in that state. These addenda include specific provisions to comply with state laws, such as restrictions on jurisdiction, venue, restrictive covenants, and other legal considerations that may vary from state to state.

For example, the Rhode Island addendum addresses the Rhode Island Franchise Investment Act, voiding any franchise agreement provisions that restrict jurisdiction or venue to a forum outside of Rhode Island or require the application of laws from another state. Similarly, the North Dakota addendum addresses concerns raised by the North Dakota Securities Commissioner regarding restrictive covenants, arbitration locations, forum restrictions, liquidated damages, applicable laws, and jury trial waivers. The Minnesota addendum modifies sections of the Express Franchise Agreement to ensure compliance with Minnesota statutes, particularly regarding liability releases and protection of the franchisee's rights to use proprietary marks.

These addenda ensure that the Bojangles franchise agreement complies with specific state regulations, providing additional protections and clarifications for franchisees operating in those states. Prospective franchisees should carefully review any state-specific addenda to understand their rights and obligations under the franchise agreement.