Where can I find the number of Noodles & Company restaurants allowed within the Development Area?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
r products and services using different trademarks than those licensed to you.
- (v) We reserve the right to produce, license, manufacture, sell, distribute and market Noodles & Company brand named products, and products bearing other marks, including food and beverage products, clothing, souvenirs, and novelty items through any channel of distribution, including, for example, grocery stores, supermarkets, convenience stores, caterers, and gas stations.
- (vi) We reserve the right to purchase or be purchased by, or merge or combine with, competing businesses wherever located.
- 2.03 Development Obligations. You must have open and operating continuously in the Development Area in accordance with and pursuant to Franchise Agreements, that cumulative number of Noodles & Company restaurants set forth in Exhibit A by the corresponding dates set forth therein ("Development Schedule"). Time is of the essence in this Agreement. In the event you fail to develop and operate Noodles & Company restaurants (i) in accordance with the Development Schedule; (ii) on an accepted site; (iii) in accordance with our then current design, construction, and equipment specifications; (iv) consistent with the plans accepted for said site; and (v) in accordance with the System, you would be in material breach of this Agreement; however, except as provided in Section 3.04(e), our right to terminate this Agreement shall be our exclusive remedy for your failure to meet the Development Schedule.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to Noodles & Company's 2025 Franchise Disclosure Document, the specific number of restaurants you must have open and operating within your Development Area, as well as the dates by which they must be open, can be found in Exhibit A of the Area Development Agreement. This is referred to as the "Development Schedule."
Noodles & Company emphasizes that adhering to this Development Schedule is critical, stating that "Time is of the essence." Failing to meet the schedule, site requirements, design specifications, or operational standards constitutes a material breach of the Area Development Agreement. However, the document specifies that Noodles & Company's exclusive remedy for failing to meet the Development Schedule is termination of the agreement, with one exception noted in Section 3.04(e).
It's important to note that the agreement allows for some flexibility regarding the Development Schedule. Specifically, delays caused by significant weather events, fires, or other natural disasters, up to a maximum of 20 days in total, will not be considered a breach of contract. Any extensions to the schedule due to these reasons must be mutually agreed upon, and cannot exceed 20 days in the aggregate during the term of the agreement.