Does Noodles & Company's approval of the premises constitute a warranty of suitability for a Noodles & Company Restaurant?

According to Noodles & Company's 2025 Franchise Disclosure Document, the approval of a premises by Noodles & Company does not constitute a warranty or representation of suitability for a Noodles & Company restaurant. The FDD states that such approval merely signifies the willingness of Noodles & Company to grant a franchise at that location. The document emphasizes that the franchisee's decision to develop and operate a Noodles & Company restaurant is based solely on their own independent investigation of the site's suitability.

This means that even though Noodles & Company reviews and approves the proposed site, the responsibility for ensuring the location is appropriate for a successful restaurant lies entirely with the franchisee. Noodles & Company provides guidance to assist in completing a typical Site Package for the first Restaurant. The Real Estate Site Approval Committee meets approximately every two weeks, and Area Operators are responsible for submitting their sites for approval at least one week prior to the meeting. Area Operators are required to attend meetings or participate via conference call. Noodles & Company shall evaluate the site request within 45 days of submission of a fully completed Site Package and any additional information we request.

Furthermore, in consideration of Noodles & Company's approval, the franchisee agrees to release Noodles & Company from any liability connected with the site selection and approval. This includes any potential losses or damages that may arise from the chosen location. This is a common practice in franchising, where the franchisee typically bears the risk associated with site selection, even with franchisor input. Prospective franchisees should conduct thorough due diligence, including market research and financial analysis, before committing to a specific location for their Noodles & Company restaurant.