Under what conditions can a Bojangles franchisee avoid breach of contract due to a condemnation proceeding?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- (8) If Franchisee shall cause, suffer, or permit (voluntarily or involuntarily) its right to or possession of the premises on which the Restaurant is located to be terminated prematurely for any cause whatsoever; or if Franchisee shall be in material default under the lease for the premises on which the Restaurant is located, or shall be in material default under any mortgage with respect to the property on which the Restaurant is located, provided, however, that Franchisee shall not be in breach of this provision if a condemnation proceeding affecting the premises upon which the Restaurant is situated occurs which makes it impossible or infeasible for Franchisee to continue to operate the Restaurant at its present location, and within thirty (30) days after the final condemnation determination Franchisee provides Franchisor with notice of its
intention to open, and within one (1) year of the final condemnation determination opens, a substitute Restaurant on a new site approved by Franchisor;
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, a franchisee will not be in breach of contract if a condemnation proceeding affects the restaurant's premises, making it impossible or infeasible to continue operations at the current location.
To avoid breach of contract, the Bojangles franchisee must provide the franchisor with notice of their intention to open a substitute restaurant within thirty days after the final condemnation determination.
The franchisee must then open a substitute Bojangles restaurant on a new site approved by the franchisor within one year of the final condemnation determination. Meeting both of these conditions allows the franchisee to avoid being in breach of their franchise agreement with Bojangles despite the premature termination of their right to possession of the original premises.