Under what conditions can the exclusive designation of Pepsi-Cola Company as the beverage supplier for Bojangles be changed?

According to Bojangles's 2025 Franchise Disclosure Document, the exclusive designation of Pepsi-Cola Company as the beverage supplier can be changed at Bojangles's option. This change requires written notification from Bojangles to the franchisee. This condition applies to new franchisees within the domestic Bojangles system. The franchisee is obligated to exclusively offer Pepsi-Cola Company brand post-mix soft drink products and colas unless otherwise notified in writing by Bojangles. This stipulation is outlined in the addendum to the franchise agreement.

The addendum specifies that its terms supersede any conflicting terms in the main franchise agreement. Therefore, the obligation to exclusively offer Pepsi products and the potential for change via written notice are controlling aspects of the agreement. Failure to comply with the addendum is considered a default under the franchise agreement, specifically Paragraph XIII.B in the Renewal Franchise Agreement, Paragraph XV.B in the Individual Franchise Agreement, Paragraph XVI.B in the Express Franchise Agreement, and Paragraph XIV.B in the standard Franchise Agreement.

This provision ensures that Bojangles retains control over beverage offerings within its franchise system, allowing for flexibility in supplier relationships. For a prospective franchisee, this means that while Pepsi-Cola is the current exclusive supplier, this arrangement is subject to change at Bojangles's discretion. It is important for franchisees to stay informed of any changes communicated through official written notices to avoid being in default of their franchise agreement.