Does Noodles & Company's approval of a proposed site constitute a warranty or representation?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
Neither our approval of a proposed site, nor any information communicated to you regarding our standard site selection criteria or the proposed site constitute a warranty or representation of any kind, express or implied, as
to the suitability of the proposed site for a Noodles & Company restaurant or for any other purpose. Our approval of a proposed site merely signifies that we are willing to grant a franchise for a Noodles & Company restaurant at that location in accordance with the terms of this Agreement. Your decision to develop and operate a Noodles & Company restaurant at any site is based solely on your own independent investigation of the suitability or success of the site for a Noodles & Company restaurant. In consideration of our approval of a proposed site, you and your Owners agree to release us, and our Affiliate, officers, directors, employees and agents from any and all loss, damages, and liability arising from or in connection with the selection and/or approval of such site for the development of a Noodles & Company restaurant. Your restaurants may not be relocated without our prior written consent and compliance with our then current site criteria.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to Noodles & Company's 2025 Franchise Disclosure Document, the franchisor's approval of a proposed site does not constitute a warranty or representation of any kind regarding the site's suitability for a Noodles & Company restaurant or any other purpose. The approval merely indicates that Noodles & Company is willing to grant a franchise for that location, based on the agreement's terms.
Noodles & Company emphasizes that the franchisee's decision to develop and operate a restaurant at any site should be based solely on their own independent investigation of the site's suitability and potential for success. This means the franchisee bears the responsibility for assessing factors like local demographics, traffic patterns, and competition before committing to a location.
Furthermore, in consideration of Noodles & Company's approval, the franchisee agrees to release Noodles & Company, its affiliates, officers, directors, employees, and agents from any loss, damages, or liability arising from the site's selection and/or approval. This underscores the importance of the franchisee's due diligence in site selection, as they assume the risk associated with the location's performance. The franchisee also cannot relocate without Noodles & Company's prior written consent and compliance with their current site criteria.