Under what conditions is the Rhode Island Addendum to the Bojangles 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 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 XXIV.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 Franchise Agreement.
- 4. Except as expressly modified by this Addendum, the 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 Rhode Island Addendum to the Bojangles Franchise Agreement is executed simultaneously with the Franchise Agreement under specific conditions. This addendum is required when (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 modifies the Franchise Agreement to comply with the Rhode Island Franchise Investment Act, specifically Section 19-28.1-14, which voids any provision in the franchise agreement that restricts jurisdiction or venue to a forum outside of Rhode Island or requires the application of laws from another state. The addendum explicitly states that any capitalized terms not defined within it will have the same meaning as in the original Franchise Agreement.
For a prospective Bojangles franchisee, this means that if any of the aforementioned conditions are met, the Rhode Island Addendum will be integrated into their Franchise Agreement. This ensures that the franchisee's rights are protected under Rhode Island law, particularly regarding legal claims and jurisdiction. The addendum also clarifies that, unless specifically modified by the addendum, the original Franchise Agreement remains in full effect, providing a comprehensive understanding of the franchisee's obligations and rights within the state of Rhode Island.