Under the Bojangles franchise agreement, which section outlines the duties expected of the franchisee?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
X. CONFIDENTIAL MANUAL
- A. In order to protect the reputation and goodwill of Franchisor and to maintain high standards of operation under Franchisor's Proprietary Marks, Franchisee shall conduct its business in accordance with the Manual, one copy of which Franchisee acknowledges having received by electronic access or written copy on loan from Franchisor for the term of this Agreement. The Manual shall include manuals, memoranda, procedures, policies and other communications created by Franchisor that are posted on the Bojangles electronic portal or otherwise communicated to Franchisee in writing by email or hardcopy, whether or not noted as "Manual". If a posting is made to the Bojangles electronic portal, Franchisee shall be deemed to have notice of any changes or supplements to the Manual. Franchisee acknowledges and agrees that any required standards set forth in this Agreement and the Manual exist to protect Franchisor's interests in the System and the Proprietary Marks and not for the purpose of establishing any control or duty to take control over those matters that are reserved to Franchisee (including the day-to-day operation of the Restaurant and the conduct and management of Franchisee's employees).
- B. Franchisee shall at all times treat the Manual, any other manuals created for or approved for use in the operation of the Franchised Business, and the information contained therein, as confidential, and shall use all reasonable efforts to maintain such information as secret and confidential. Franchisee shall not at any time copy, duplicate, record, or otherwise reproduce the foregoing materials, in whole or in part, nor otherwise make the same available to any unauthorized person.
- C. The Manual shall at all times remain the sole property of Franchisor.
- D. Franchisor may from time to time revise the contents of the Manual, and Franchisee expressly agrees to comply with each new or changed standard.
- E. Franchisee and its shareholders and members shall continuously review changes to the Manual as posted in the Bojangles electronic portal, and to otherwise keep current with the Manual. In the event of any dispute as to the contents of the Manual, the terms of the master copy of the Manual maintained by Franchisor at Franchisor's home office shall be controlling.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, Section X, titled "Confidential Manual," outlines some of the duties expected of the franchisee. Specifically, it states that the franchisee must conduct its business in accordance with the Manual provided by Bojangles. This manual includes memoranda, procedures, policies, and other communications created by Bojangles, accessible through an electronic portal or in writing.
The FDD emphasizes that franchisees are deemed to have notice of any changes or supplements made to the manual via the electronic portal. Franchisees must also treat the manual and its contents as confidential, using reasonable efforts to keep the information secret and not reproduce or share it with unauthorized individuals. The manual remains the sole property of Bojangles, and franchisees must comply with any revisions made to it.
This section clarifies that the standards set forth in the agreement and manual are designed to protect Bojangles's interests in the system and proprietary marks, rather than to control the day-to-day operations of the restaurant or the management of employees, which remain the franchisee's responsibility. Franchisees and their shareholders/members are expected to continuously review changes to the manual to stay current with operational standards.