Under what conditions is the Rhode Island Addendum to the Bojangles Express Franchise Agreement executed?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum to the Bojangles Express Franchise Agreement dated ("Express Franchise Agreement") between BOJANGLES OPCO, LLC ("Franchisor") and ("Franchisee") is entered into simultaneously with the execution of the Express Franchise Agreement.
- 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Express Franchise Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to Franchisee was made in the State of Rhode Island; (B) Franchisee is a resident of the State of Rhode Island; and/or (C) the Restaurant will be located and/or operated in the State of Rhode Island.
- 2. The following language is added to Sections XXVI.A. and B.:
- Section 19-28.1-14 of the Rhode Island Franchise Investment Act provides that "A provision in a franchise agreement restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state is void with respect to a claim otherwise enforceable under this Act."
- 3. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Express Franchise Agreement.
- 4. Except as expressly modified by this Addendum, the Express Franchise Agreement remains unmodified and in full force and effect.
- 5. 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 Addendum to the Bojangles Express Franchise Agreement is required for Rhode Island franchisees and is executed simultaneously with the Express Franchise Agreement. This addendum is an integral part of the agreement and is incorporated into it.
The addendum is executed under the following conditions: (A) the offer or sale of a franchise to the Franchisee was made in the State of Rhode Island; (B) the Franchisee is a resident of the State of Rhode Island; and/or (C) the Restaurant will be located and/or operated in the State of Rhode Island.
This addendum also addresses specific provisions related to the Rhode Island Franchise Investment Act, particularly concerning jurisdiction, venue, and the application of laws. It clarifies that any terms not defined within the addendum will have the same meaning as in the Express Franchise Agreement. Furthermore, the Express Franchise Agreement remains in full effect, except where explicitly modified by the addendum.
For prospective Bojangles franchisees in Rhode Island, this means that the standard franchise agreement is supplemented by an addendum that addresses specific legal considerations within the state. Franchisees should carefully review this addendum to understand their rights and obligations under Rhode Island law, particularly regarding dispute resolution and choice of law.