Under the Bojangles Development Agreement, is approval required for each specific Restaurant location within the Assigned Area?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
If we sign a Development Agreement with you, we will grant you a territory in which you are allowed to develop Restaurants. The territory is referred to as an Assigned Area in the Development Agreement. The Assigned Area will be described by street boundaries or political subdivisions or may designate certain locations, intersections or market areas. The Assigned Area will be negotiated individually with you. The Assigned Area and the individual franchise locations will be based upon relevant factors including population, traffic patterns, trade areas and proximity to business generators such as schools and hospitals, and your ability to develop the Assigned Area in a timely manner. You must always obtain our approval for each specific Restaurant location within the Assigned Area. If we approve the location, a franchise is granted for that specific location only and we will sign a Franchise Agreement with you for that location. You do not receive any territorial rights under the Franchise Agreement.
Source: Item 12 — TERRITORY (FDD pages 49–50)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, if a Development Agreement is signed, Bojangles grants the franchisee a territory, referred to as an Assigned Area, in which they are allowed to develop Restaurants. The specific boundaries of the Assigned Area are negotiated individually and can be defined by streets, political subdivisions, or specific locations.
Importantly, the FDD states that franchisees must always obtain Bojangles's approval for each specific Restaurant location within the Assigned Area. If Bojangles approves a location, a franchise is granted for that specific location only, and a Franchise Agreement is signed for that location. The franchisee does not receive any territorial rights under the Franchise Agreement itself.
This requirement for approval of each location gives Bojangles significant control over the development of its brand within the Assigned Area. While the Development Agreement grants the right to develop, Bojangles retains the power to veto specific locations, potentially impacting the franchisee's ability to fully capitalize on the territory. This is a fairly standard practice in franchising, as franchisors want to ensure consistent brand representation and avoid oversaturation or poor site selection.