Under what conditions can Bojangles change the exclusive designation of Pepsi-Cola Company as the beverage supplier?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- The Pepsi-Cola Company is the Bojangles System Exclusive Beverage Supplier of Choice throughout the domestic Bojangles System for new franchisees. Accordingly, Franchisee shall offer exclusively Pepsi-Cola Company brand post-mix soft drink products and colas. This exclusive designation and choice of products may be changed at Franchisor's option upon written notice by Franchisor.
-
- To the extent this Addendum is construed to conflict with the terms of the Franchise Agreement, the terms of the Addendum shall be deemed to control. The terms of this Addendum shall be considered terms of the Franchise Agreement, as if incorporated therein, the breach of which shall be considered a default under Paragraph XIV.B. of the Franchise Agreement. All capitalized terms within this Addendum shall have the same meaning given those terms within the Franchise Agreement.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the Pepsi-Cola Company is the exclusive beverage supplier for new franchisees within the Bojangles system. As a result, franchisees are required to exclusively offer Pepsi-Cola Company brand post-mix soft drink products and colas.
Bojangles retains the right to change this exclusive designation and choice of products. The brand can do so at its discretion, provided that it gives the franchisee written notice of the change.
This condition is outlined in an addendum to the franchise agreement, and the terms of the addendum take precedence if there are any conflicts with the main agreement. A breach of this addendum is considered a default under the franchise agreement. This means that Bojangles franchisees must be prepared to switch beverage suppliers if Bojangles decides to change its exclusive designation, and they will be notified in writing if such a change occurs.