factual

Under what conditions will Bojangles not establish or license others to establish new Bojangles Restaurants in a developer's Assigned Area?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

During the term of the Development Agreement, if you are in full compliance with all agreements with us, we will not establish, nor license anyone other than you to establish, any new Bojangles Restaurant under the System in your Assigned Area. However, we and our affiliates retain the right, among others, on any terms and conditions we deem advisable, and without granting you any rights therein: (1) to establish and operate and license others to establish and operate Bojangles Restaurants at any location outside your Assigned Area; (2) to establish and operate or license others to establish and operate Bojangles Restaurants at any location within your Assigned Area after the expiration or termination of your development schedule or your Development Agreement; (3) operate, and license others to operate, Bojangles Restaurants utilizing the System in your Assigned Area that are located: (i) in airports, train stations, bus stations, transportation centers, travel plazas, stadiums, arenas, convention centers, military facilities, gas stations, convenience stores, schools, colleges, universities, hospitals, theme parks, office buildings, food courts, venues in which foodservice is or may be provided by a master concessionaire or contract foodservice provider, Indian reservations, casinos or any similar captive market location; or (ii) within one (1) mile along each side of interstate highways located within your Assigned Area. We also retain the right to offer goods and services associated with the Proprietary Marks throughout the System including any Assigned Area, including without limitation, the right to sell the same or similar products that are authorized for sale at Bojangles Restaurants under the Proprietary Marks or under other trademarks or trade dress and through any other channel of distribution, whether such channel of distribution is now in existence or is hereafter developed and whether at retail or wholesale including, without limitation, sales through catalogs, e-commerce, mail order, carts or kiosks, mass merchandise, supermarkets, grocery stores, restaurants, institutional customers, ghost kitchens, club stores and any other outlet or method of distribution, pursuant to any terms and conditions as we may deem appropriate.

Source: Item 12 — TERRITORY (FDD pages 49–50)

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, during the term of the Development Agreement, Bojangles will not establish or license others to establish new Bojangles Restaurants in a developer's Assigned Area if the developer is in full compliance with all agreements with Bojangles. However, this protection is not absolute, as Bojangles retains several rights within the Assigned Area.

Bojangles and its affiliates reserve the right to establish and operate or license others to establish and operate Bojangles Restaurants at any location outside the Assigned Area. They can also do so within the Assigned Area after the expiration or termination of the development schedule or the Development Agreement. Furthermore, Bojangles retains the right to operate and license others to operate Bojangles Restaurants in specific locations within the Assigned Area, including airports, train stations, bus stations, transportation centers, travel plazas, stadiums, arenas, convention centers, military facilities, gas stations, convenience stores, schools, colleges, universities, hospitals, theme parks, office buildings, food courts, venues with master concessionaires, Indian reservations, casinos, or similar captive market locations. Bojangles also retains the right to operate restaurants within one mile of interstate highways within the Assigned Area.

Additionally, Bojangles retains the right to offer goods and services associated with its Proprietary Marks throughout the System, including any Assigned Area, through any channel of distribution, whether existing or developed in the future. This includes the right to sell similar products authorized for sale at Bojangles Restaurants under the Proprietary Marks or other trademarks, through channels such as catalogs, e-commerce, mail order, carts, kiosks, mass merchandise, supermarkets, grocery stores, restaurants, institutional customers, ghost kitchens, and club stores. These rights are retained by Bojangles on any terms and conditions they deem advisable, without granting the franchisee any rights therein. These stipulations mean that while a developer has an Assigned Area, Bojangles retains significant control and can introduce competition within that area under certain circumstances.

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.