Under the Bojangles Development Agreement, can the developer license others to use the Proprietary Marks, Trade Dress, or Bojangles System?

According to Bojangles' 2025 Franchise Disclosure Document, a developer entering into a Development Agreement with Bojangles does not have the right to license others to use the Proprietary Marks, Trade Dress, or the Bojangles System. The agreement explicitly states that the developer is granted development rights to obtain licenses to establish and operate Bojangles restaurants, but this does not extend to sub-licensing these rights to third parties.

This restriction is significant because it means the developer's role is limited to developing and operating the restaurants themselves, according to the schedule and area outlined in the agreement. They cannot create a network of sub-franchisees or allow other entities to operate under the Bojangles brand through their development agreement. This ensures that Bojangles maintains direct control over its brand standards and operations within the assigned area.

This is a fairly standard practice in franchising, as franchisors typically want to maintain tight control over their brand and system. By preventing developers from sub-licensing, Bojangles can ensure consistency in quality, service, and brand representation across all its locations. Prospective developers should be aware of this limitation and factor it into their business plans, as it directly impacts their ability to expand the Bojangles brand within their assigned area.