What is considered a material breach of the Noodles & Company franchise agreement regarding restaurant maintenance?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
Failure to maintain your Noodles & Company Restaurant's condition and appearance as required by this Agreement and the Operations Manual is a material breach and a default of this Agreement.
If you are not permitted to make certain repairs because such repairs are reserved to the Landlord as common area maintenance, you shall use diligent efforts to cause the Landlord to make such repairs timely and in a workmanlike manner.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, failure to maintain the restaurant's condition and appearance as required by the Franchise Agreement and the Operations Manual constitutes a material breach of the agreement. This means that franchisees are obligated to keep their Noodles & Company restaurant in good repair, both in terms of appearance and cleanliness, according to the brand's standards.
If the condition of the restaurant does not meet Noodles & Company's standards, the franchisee will receive a notice specifying the necessary corrective actions. The franchisee then has 14 days to begin a program in good faith and with due diligence to address the deficiencies. If the franchisee fails to do so, Noodles & Company has the right, but not the obligation, to enter the premises and perform the maintenance at the franchisee's expense, with the franchisee required to promptly reimburse Noodles & Company for all expenses and coordination costs.
This clause highlights the importance Noodles & Company places on maintaining brand standards across all franchise locations. It also gives Noodles & Company a mechanism to ensure compliance, although the franchisee bears the financial burden of maintaining the restaurant. If certain repairs are the landlord's responsibility, the franchisee must make diligent efforts to ensure the landlord completes the repairs in a timely and workmanlike manner.