Under what conditions can an amendment, change, or variance to the Bojangles Franchise Agreement be binding on either party?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
As an inducement to BOJANGLES OPCO, LLC ("Franchisor") to execute the Individual Franchise Agreement ("Agreement"), to which this Guarantee is attached, the undersigned, jointly and severally, hereby agree to be individually bound by all the terms and conditions of the Agreement including any amendments thereto whenever made and unconditionally guarantee to Franchisor and its successors and assigns the payment of all liabilities incurred by Franchisee at any time.
Sixty (60) days after any default of Franchisee under Paragraphs XV.A. or XV.B. of the Agreement, or ninety (90) days after a default by Franchisee which is not cured under Paragraph XV.C. of the Agreement, the undersigned will immediately make payment of any liabilities previously incurred by Franchisee. Without affecting the obligations of the undersigned under this Guarantee, Franchisor may, without notice to the undersigned, extend, modify, or release any indebtedness or obligation of Franchisee, or settle, adjust, or compromise any claims against Franchisee. The undersigned waive notice of amendment of the Agreement and notice of demand for payment and performance by Franchisee.
Upon death of an individual guarantor, the estate of such guarantor will be bound by this Guarantee but only for defaults and obligations hereunder existing at the time of death, and the obligations of the other guarantors will continue in full force and effect.
Paragraph XXV (Applicable Law) of the Agreement is incorporated by reference into this Guarantee.
IN WITNESS WHEREOF, each of the undersigned has signed this Guarantee as of the Effective Date of the Agreement.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to the 2025 Bojangles Franchise Disclosure Document, amendments to the Individual Franchise Agreement are binding when the guarantor agrees to be individually bound by all the terms and conditions of the agreement, including any amendments made. This is highlighted in the Guarantee attached as Exhibit B to the franchise agreement.
Specifically, the guarantor(s) agree to unconditionally guarantee the payment of all liabilities incurred by the franchisee at any time. This guarantee remains in effect even if Bojangles extends, modifies, or releases any debt or obligation of the franchisee without notifying the guarantor. The guarantor also waives any notice of amendment to the agreement.
For prospective Bojangles franchisees, this means that any changes to the franchise agreement, even after it's initially signed, will be legally binding on the guarantor. The guarantor's obligations are only limited upon the death of the guarantor, in which case the estate is only bound by defaults and obligations existing at the time of death. This underscores the importance of carefully reviewing the franchise agreement and any subsequent amendments with legal counsel to fully understand the scope of the guarantee and its potential financial implications.