In the Noodles & Company franchise agreement, is Noodles & Company entitled to injunctive relief for covenant violations?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge and agree: (a) that any failure to comply with the covenants in this Agreement shall constitute a default hereunder; (b) that a violation of the requirements of this Agreement would result in irreparable injury to Noodles & Company for which no adequate remedy at law may be available; and (c) therefore, Noodles & Company shall be entitled, in addition to any other remedies which it may have hereunder, at law, or in equity, to obtain specific performance of or an injunction against the violation of the requirement of this Agreement, without the necessity of showing actual or threatened damage and without being required to furnish a bond or other security.
Noodles & Company may obtain, in any court of competent jurisdiction, any injunctive relief, including temporary restraining orders and preliminary injunctions, against conduct or threatened conduct for which no adequate remedy at law may be available or which may cause it irreparable harm.
You, and each of your Owners, acknowledge that any violation of Sections 4, 5, or 6 hereof would result in irreparable injury for which no adequate remedy at law may be available.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, Noodles & Company is entitled to injunctive relief for violations of the franchise agreement. The franchise agreement states that any failure to comply with the covenants in the agreement constitutes a default. Noodles & Company asserts that violations of the agreement would result in irreparable injury for which there may be no adequate remedy at law.
Therefore, Noodles & Company is entitled to seek specific performance or an injunction against any violation of the franchise agreement. This right to seek injunctive relief is in addition to any other remedies Noodles & Company may have, whether at law or in equity. Moreover, Noodles & Company is not required to demonstrate actual or threatened damage or furnish a bond or other security to obtain such relief.
Additionally, the FDD states that Noodles & Company may obtain injunctive relief, including temporary restraining orders and preliminary injunctions, from any court of competent jurisdiction, against conduct or threatened conduct for which no adequate remedy at law may be available or which may cause it irreparable harm. The franchisee acknowledges that any violation of Sections 4, 5, or 6 of the agreement would result in irreparable injury for which no adequate remedy at law may be available.