According to the Noodles & Company franchise agreement, how are disputes to be resolved?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section In IT Agreement | Summary |
|---|---|---|
| a. Length of term | Section 1 | Co-terminous with your Franchise Agreements |
| b. Renewal or extension | Not applicable | |
| c. Requirements for you to | Not applicable | |
| review or extend | ||
| d. Termination by you | Section 12.2 | You have the right to terminate on 30 days’ notice in the event of our material breach. You have the right to terminate for any reason on 90 days’ notice, effective at the end of the then current contract year. |
| m. Conditions for our | Not applicable | |
| approval of transfer | ||
| n. Our right of first refusal | Not applicable | |
| o. Our option to purchase | Not applicable | |
| your business | ||
| p. Death or disability | Not applicable | |
| q. r. Non-competition | Not applicable | |
| covenants | ||
| s. Modification | Section 13.4 | No modification unless agreed in writing by both parties. |
| t. Integration/merger clause | Sections 13.4, 13.9 | Agreement is complete and final statement of terms. |
| u. Dispute resolution | Section 13.7 | Disputes to be resolved in accordance with dispute resolution provisions of then current form of Franchise Agreement. |
| v. Choice of forum | Section 13.7 | Disputes to be resolved in accordance with dispute resolution provisions of then current form of Franchise Agreement. |
| w. Choice of law | Section 13.7 | Follows choice of law provisions of then current form of Franchise Agreement. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 63–83)
What This Means (2025 FDD)
According to Noodles & Company's 2025 Franchise Disclosure Document, disputes related to the IT Agreement are to be resolved in accordance with the dispute resolution provisions outlined in the then-current form of the Franchise Agreement. Additionally, the choice of forum and choice of law will also follow the dispute resolution provisions of the then-current form of the Franchise Agreement.
This means that if a franchisee has a disagreement with Noodles & Company regarding the IT Agreement, they must follow the specific steps and procedures detailed in the Franchise Agreement to resolve the issue. These procedures could include mediation, arbitration, or litigation, depending on what the Franchise Agreement stipulates.
For a prospective Noodles & Company franchisee, it's crucial to carefully review the dispute resolution section of the Franchise Agreement to understand the process for resolving conflicts, including any requirements for mediation or arbitration, the location of the legal venue, and the governing state law. Understanding these provisions is essential for protecting their interests and knowing their rights in case a dispute arises with Noodles & Company.