How can the Noodles & Company agreement be amended?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
20.02 Waiver of Obligations. We and you may by written instrument unilaterally waive or reduce any obligation of the other under this Agreement. Any such waiver granted shall be without prejudice to any other rights the waiving party may have, will be subject to continuing review by such party and may be revoked, in such party's sole discretion, at any time and for any reason, effective upon delivery to the other party of 10 days' prior notice. You and we shall not be deemed to have waived any right reserved by this Agreement or be deemed to have modified this Agreement by virtue of any custom or practice of the parties at variance with it; any failure, refusal or neglect by you or us to exercise any right under this Agreement (except as provided in Section 20.03) or to insist upon exact compliance by the other with its obligations hereunder; any waiver, forbearance, delay, failure or omission by us to exercise any right, whether of the same, similar or different nature, with respect to other Noodles & Company Restaurants; or the acceptance by us of any payments due from you after any breach of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, Noodles & Company and the franchisee can amend the agreement through a written instrument. Both parties can unilaterally waive or reduce any obligation of the other under the agreement.
Any waiver granted by either Noodles & Company or the franchisee is without prejudice to any other rights the waiving party may have. The waiver is subject to continuing review by the party that granted it. The party can also revoke the waiver at any time and for any reason, with 10 days' prior notice to the other party.
The FDD specifies that neither Noodles & Company nor the franchisee is deemed to have modified the agreement by virtue of any custom or practice of the parties that differs from the agreement. Furthermore, any failure, refusal, or neglect by either party to exercise any right under the agreement, or to insist upon exact compliance by the other party with its obligations, does not constitute a modification of the agreement.