factual

Under what conditions can the Bojangles franchise agreement be amended or changed?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (6) Franchisee shall have executed Franchisor's then-current form of franchise agreement, which agreement shall supersede this Agreement in all respects, and the terms of which

Source: Item 22 — CONTRACTS (FDD page 82)

What This Means (2025 FDD)

According to the 2025 Bojangles Franchise Disclosure Document, the franchise agreement can be amended under certain conditions, particularly when the franchisee seeks to renew their agreement. Specifically, if a franchisee is in substantial compliance with the terms of the existing agreement and wishes to renew for an additional term, they must execute Bojangles' then-current form of franchise agreement. This new agreement will supersede the original agreement in all respects, effectively amending the terms under which the franchisee operates.

This requirement for executing a new franchise agreement upon renewal is a significant point for prospective franchisees. It means that the terms and conditions under which they initially started their Bojangles franchise may not be the same in subsequent renewal periods. Bojangles has the right to update the franchise agreement, and franchisees must agree to the new terms as a condition of renewal. This could include changes to fees, operational standards, or other key aspects of the franchise relationship.

Furthermore, the guarantee attached to the franchise agreement stipulates that the guarantor is bound by all terms and conditions of the agreement, including any amendments made. This indicates that any changes to the franchise agreement also extend to the guarantor, reinforcing the binding nature of amendments. Additionally, for franchisees in Minnesota, specific addenda to the franchise agreement state that certain sections of the agreement are amended to ensure compliance with Minnesota state laws, particularly those protecting franchisees from liability waivers that would relieve others from statutory obligations.

In summary, while the FDD does not explicitly detail all possible scenarios for amendments, it is clear that Bojangles retains the right to modify the franchise agreement, especially upon renewal. Franchisees must be prepared to accept these changes as part of the renewal process and should carefully review any new agreement to understand the updated terms and conditions. For Minnesota franchisees, certain statutory protections are integrated into the agreement through specific addenda, further modifying the agreement's terms.

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.