What documentation regarding the Operating Partner must a Noodles & Company franchisee provide to Noodles & Company?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
** You must designate in Exhibit B as the "Operating Partner" an individual accepted by us who must: (a) have completed our Operating Partner training program to our satisfaction; (b) be the senior management individual who is involved in day-to-day operations of your Noodles & Company restaurants; (c) be the person with whom we communicate as to development, operations and Area Operator matters; (d) have the authority to bind you regarding all operational decisions with respect to your Noodles & Company restaurants; and (e) have primary residency in the Development Area continuously during the term of this Agreement.
Your Operating Partner: (a) shall exert full-time and best efforts to the development and operation of your Noodles & Company restaurants and all other Noodles & Company restaurants you own; and (b) may not engage in any other business or activity, directly or indirectly, that requires substantial management responsibility or time commitments or otherwise may conflict with your obligations hereunder. You agree to provide us with an executed copy of any arrangement, agreement, or contract, and all amendments thereto, with your Operating Partner.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, a franchisee must provide Noodles & Company with an executed copy of any arrangement, agreement, or contract with their Operating Partner, including all amendments. This requirement ensures that Noodles & Company is informed about the contractual relationship between the franchisee and the Operating Partner who manages the day-to-day operations of the restaurant.
This provision allows Noodles & Company to understand the terms under which the Operating Partner is employed and to assess whether those terms might affect the Operating Partner's ability to fulfill their responsibilities to the franchise. It also protects Noodles & Company from any liabilities or obligations arising from the franchisee's agreements with their Operating Partner, as the franchisee agrees to indemnify and hold Noodles & Company harmless in this regard.
Additionally, each Operating Partner must execute an agreement, in a form prescribed by Noodles & Company, to be bound by the confidentiality and non-competition covenants contained in the franchise agreement. The current form of this agreement is attached as Exhibit D to the Franchise Agreement. This requirement ensures that the Operating Partner is legally obligated to protect Noodles & Company's confidential information and to refrain from engaging in competitive activities, even if they are not a direct party to the franchise agreement itself. This is a common practice in franchising to protect the brand's interests and trade secrets.