factual

Where must all claims be brought in respect to any suit brought by the franchisee against Noodles & Company?

Noodles_Company Franchise · 2025 FDD

Answer from 2025 FDD Document

ration and Disclosure Law.

4. The following language is added to the end of Section 6.01:

Despite the payment provisions above, we will defer your payment of the Franchise Fee until we have fulfilled all initial obligations owed to you under this Agreement and you have commenced operating the Restaurant. You must pay us the Franchise Fee on the date you commence operating the Restaurant.

5. The following sentence is added to the end of Section 19.01:

Notwithstanding the foregoing, you may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.

6. The following sentence is added to the end of Sections 19.05(b) and 20.03:

Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years after the grant of the franchise.

7. The following sentence is added to the end of Section 20:

Section 14-226 of the Maryland Franchise Registration and Disclosure Law prohibits a franchisor from requiring a prospective franchisee to assent to any release, estoppel, or waiver of liability as a condition of purchasing a franchise. Representations in this Agreement are not intended to, nor will they act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.

8. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Franchise Agreement.

  • 9. The provisions of this Addendum will be effective only to the extent that the jurisdictional requirements of the Maryland Franchise Registration and Disclosure Law are met independently of this Addendum.
  • 10. Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.

ATTEST: NOODLES & COMPANY: Print Name: Print Name: Title: Date: ATTEST/WITNESS: Print Name: Print Name: Title: Date:

ADDENDA REQUIRED BY MINNESOTA

ADDITIONAL DISCLOSURES REQUIRED BY THE STATE OF MINNESOTA

1. Notice of Termination. The following statement is added to Item 17:

With respect to franchises governed by Minnesota law, Noodles & Company will comply with Minnesota Statute § 80C.14, subdivisions 3, 4, and 5, which require, except in certain specified cases, that a Area Operator be given 90 days notice of termination (with 60 days to cure) and 180 days notice for non-renewal of the franchise agreements.

**2.

Source: Item 22 — CONTRACTS (FDD pages 98–99)

What This Means (2025 FDD)

According to the 2025 Noodles & Company FDD, the venue for lawsuits against Noodles & Company depends on the specific state law governing the franchise agreement. For franchisees in Maryland, the FDD stipulates that a franchisee may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law. Furthermore, any claims arising under this law must be brought within three years after the grant of the franchise. This addendum ensures that franchisees do not waive their rights or any liabilities incurred under the Maryland Franchise Registration and Disclosure Law.

For franchisees in North Dakota, the FDD states that any provision requiring franchisees to consent to the jurisdiction of courts outside North Dakota or to consent to the application of laws of a state other than North Dakota is void, according to the North Dakota Franchise Investment Law. Additionally, any provision requiring franchisees to agree to arbitration or mediation of disputes at a location remote from the franchisee's business has been deemed unfair, unjust, or inequitable by the North Dakota Securities Commissioner. Therefore, the site of arbitration or mediation must be agreeable to all parties.

For franchisees in Minnesota, the FDD indicates that Minnesota Statute § 80C.21 and Minnesota Rule 2860.4400J prohibit Noodles & Company from requiring litigation to be conducted outside Minnesota. The disclosure document and agreements cannot abrogate or reduce any of the franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or their rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction. These stipulations ensure that Noodles & Company franchisees are protected by their respective state laws regarding legal proceedings and dispute resolution.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.