Does the Noodles & Company franchise agreement require a franchisee to waive reliance on any representations made in the Franchise Disclosure Document?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
The following provision applies only to franchisees and franchises that are subject to the state franchise registration/disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin.
No statement, questionnaire, or acknowledgement signed or agreed to by you in connection with the commencement of the franchise relationship shall have the effect of (i) waiving and claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by us, any franchise seller, or any other person acting on our behalf. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, the franchise agreement does not require franchisees to waive reliance on statements made by Noodles & Company in the FDD, but this only applies to franchisees and franchises subject to state franchise registration/disclosure laws.
Specifically, for franchisees in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin, no signed statement can waive claims under state franchise law, including fraud, or disclaim reliance on statements made by Noodles & Company or its representatives. This provision takes precedence over any conflicting terms in the franchise agreement.
This protection ensures that franchisees in the specified states can hold Noodles & Company accountable for the information provided in the FDD and are not forced to relinquish their rights to legal recourse based on that information. Prospective franchisees outside of these states should seek legal counsel to understand their rights and protections regarding statements made by Noodles & Company during the franchise sales process.