What is the abandonment period that triggers termination of the Noodles & Company franchise agreement?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
15.03 Option to Terminate Without Opportunity to Cure. Area Operator shall be deemed to be in default and Noodles & Company may, at its option, terminate this Agreement and all rights granted hereunder, without affording Area Operator any prior
notice or opportunity to cure the default, effective immediately upon receipt of notice by Area Operator if any of the following events occur:
- (a) Abandonment.
If Area Operator abandons the Restaurant at the Premises.
For purposes of this Agreement, "abandon" shall refer to Area Operator's failure, at any time during the term of this Agreement, to keep the Premises or Restaurant at the Premises open and operating for business for a period of two consecutive days, except as provided in the Operations Manuals.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, an Area Operator's failure to keep the restaurant open and operating for business for two consecutive days constitutes abandonment, which can lead to termination of the franchise agreement. This abandonment clause is in effect at any time during the term of the agreement.
Noodles & Company can terminate the agreement without any prior notice or opportunity to cure if the Area Operator abandons the restaurant. The only exception to this rule is if otherwise provided in the Operations Manuals.
This means that a Noodles & Company franchisee must maintain continuous operation of the restaurant. Failure to do so, even for a short period of two days, can have severe consequences, including immediate termination of the franchise agreement. Franchisees should carefully review the Operations Manuals to understand any permissible exceptions to this continuous operation requirement.