Does the exercise of one right or remedy by Noodles & Company preclude the exercise of any other right or remedy?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.03 Exercise of Rights. Except as otherwise expressly provided herein, the rights of Noodles & Company and Area Operator hereunder are cumulative and no exercise or enforcement by Noodles & Company or Area Operator of any right or remedy hereunder shall preclude the exercise or enforcement by Noodles & Company or Area Operator of any other right or remedy hereunder, which Noodles & Company or Area Operator is entitled to enforce by applicable law.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, the rights of Noodles & Company are cumulative. Exercising or enforcing any right or remedy does not prevent Noodles & Company from exercising or enforcing any other right or remedy they are entitled to by law. This means Noodles & Company has the flexibility to pursue multiple avenues of recourse simultaneously without being limited by their initial actions.
This clause is generally favorable for Noodles & Company, as it allows them to maximize their options when dealing with franchisee issues. For a prospective franchisee, this highlights the importance of understanding all obligations and potential consequences outlined in the franchise agreement. Noodles & Company retains broad powers to address any breaches or failures to comply with the agreement.
It is important for a potential Noodles & Company franchisee to seek legal counsel to fully understand the implications of this clause and how it might affect their business operations and relationship with the franchisor. Understanding the full scope of Noodles & Company's rights and remedies can help a franchisee mitigate risks and ensure compliance with the franchise agreement.