factual

Under the Bojangles franchise agreement, what is the Managing Owner responsible for regarding legal matters?

Bojangles Franchise · 2025 FDD

Answer from 2025 FDD Document

  • C. Franchisee shall designate an individual to serve as Franchisee's "Managing Owner", subject to the following conditions:
  • (1) The Managing Owner shall own a majority equity interest in Franchisee during the entire period s/he serves as Managing Owner. If Franchisee does not have an owner with a majority equity interest, the Managing Owner shall own the next highest percentage equity interest in Franchisee during the entire period s/he serves as Managing Owner;
  • (2) The Managing Owner will be the person with whom Franchisor will communicate and will have the authority to bind Franchisee with respect to all financial, operational and legal matters related to the Franchised Business and this Agreement. The Managing Owner may also serve as Franchisee's Designated Operator as defined below provided that the Managing Owner meets the criteria for both positions independently;
  • (3) The Managing Owner must attend and successfully complete, to Franchisor's satisfaction, the initial training program offered by Franchisor;
  • (4) The Managing Owner shall execute this Agreement, and shall be individually bound by all obligations of Franchisee hereunder;
  • (5) No person shall become a Managing Owner unless approved by Franchisor; and
  • (6) The Managing Owner as of the Effective Date is identified on Exhibit A. If the Managing Owner is unable, or elects not, to continue to meet his/her obligations hereunder, or if, in Franchisor's sole discretion, the Managing Owner no longer qualifies to act as such, Franchisee shall promptly designate another Managing Owner subject to the same conditions and qualifications listed above. Franchisee's replacement Managing Owner must successfully complete Franchisor's initial training program within one hundred eighty (180) days after being appointed as Franchisee's Managing Owner.

Source: Item 22 — CONTRACTS (FDD page 82)

What This Means (2025 FDD)

According to Bojangles's 2025 Franchise Disclosure Document, the Managing Owner plays a crucial role in the franchise's operations and legal compliance. The Managing Owner is the primary point of contact between Bojangles and the franchisee. This individual has the authority to make legally binding decisions on behalf of the franchisee.

Specifically, the Managing Owner has the authority to bind the franchisee in all financial, operational, and legal matters related to the franchised business and the franchise agreement. This means the Managing Owner can enter into contracts, make financial commitments, and handle legal issues on behalf of the franchisee.

This responsibility highlights the importance of selecting a qualified and trustworthy individual for this role. The Managing Owner must also complete Bojangles's initial training program to the franchisor's satisfaction. The franchisor must approve the Managing Owner. If the Managing Owner cannot fulfill their obligations, a replacement must be designated and also complete the training program.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.