Under what conditions can Bojangles terminate the Franchise Agreement due to deadline failures?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
(10) If Franchisee, after curing a default pursuant to Paragraph XV.C. hereof, commits the same, or a substantially similar, default again within one hundred eighty (180) days after the prior default occurred, whether or not cured after notice; or
(11) If Franchisee repeatedly is in default under Paragraph XV.C. hereof for failure to comply with any of the requirements imposed by this Agreement, whether or not cured after notice.
C.
Except as otherwise provided in Paragraphs XV.A. and XV.B. of this Agreement, Franchisee shall have ten (10) days for a monetary default and thirty (30) days for any other default after its receipt from Franchisor of a written notice of default within which to remedy any default hereunder and to provide evidence thereof to Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, Bojangles can terminate the Franchise Agreement if the franchisee fails to meet certain deadlines to remedy defaults. Specifically, a franchisee has ten days to remedy a monetary default and thirty days to remedy any other type of default after receiving written notice from Bojangles. The franchisee must also provide evidence of the remedy to Bojangles within the same timeframe.
Bojangles can terminate the agreement immediately after the ten-day or thirty-day period expires if the franchisee does not cure the default within the allotted time or any longer period required by applicable law. Bojangles must provide the franchisee with notice of termination after the applicable cure period has ended for the termination to take effect.
Furthermore, Bojangles can terminate the Franchise Agreement if the franchisee commits the same or a substantially similar default within 180 days of curing a previous default, regardless of whether the subsequent default is cured after notice. Bojangles can also terminate the agreement if the franchisee repeatedly defaults under Paragraph XV.C for failure to comply with any requirements of the agreement, whether or not these defaults are cured after notice. These conditions highlight the importance of franchisees maintaining consistent compliance with the Franchise Agreement to avoid potential termination.