Under what conditions is the Illinois Addendum to the Bojangles Renewal Franchise Agreement executed?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Renewal Franchise Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to Franchisee was made in the State of Illinois; (B) Franchisee is a resident of the State of Illinois; and/or (C) the Restaurant will be located and/or operated in the State of Illinois.
- 2. The following sentence is added at the end of Section XXV.A. of the Renewal Franchise Agreement:
- Notwithstanding the foregoing, Illinois law shall govern this Agreement.
- 3. The following sentence is added to the end of Section XXV.B. of the Renewal Franchise Agreement:
- Section 4 of the Illinois Franchise Disclosure Act provides that any provision in a franchise agreement that designates jurisdiction or venue in a forum outside of Illinois is void with respect to any cause of action that otherwise is enforceable in Illinois.
- 4. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Renewal Franchise Agreement.
- 5. Except as expressly modified by this Addendum, the Renewal Franchise Agreement remains unmodified in full force and effect.
- 6. This Addendum may be executed in multiple counterparts, each of which when executed and delivered shall be deemed to be an original and all of which together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Addendum by electronic transmission (including an electronic signature platform such as DocuSign or the transmission of a scanned PDF document) shall be effective as delivery of a manually executed counterpart of this Addendum.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the Illinois Addendum to the Renewal Franchise Agreement is executed under specific conditions related to the franchisee or the restaurant's location. This addendum becomes an integral part of the Renewal Franchise Agreement when (A) the offer or sale of the franchise was made in Illinois, (B) the franchisee is a resident of Illinois, or (C) the restaurant will be located and/or operated in Illinois.
This addendum ensures that Illinois law governs the agreement, overriding any conflicting provisions. It also incorporates a provision from the Illinois Franchise Disclosure Act, which states that any clause designating jurisdiction or venue outside of Illinois is void concerning actions enforceable in Illinois. This protects franchisees by ensuring disputes can be resolved within the state.
For a prospective Bojangles franchisee, this means that if any of the mentioned conditions are met, the Illinois Addendum will be attached to their Renewal Franchise Agreement. This addendum modifies certain sections of the standard agreement to comply with Illinois state law, particularly regarding legal jurisdiction and governing law. Franchisees should carefully review this addendum with legal counsel to understand their rights and obligations under Illinois law.