What is the franchisee solely responsible for regarding the development of their Noodles & Company Restaurant?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
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- DEVELOPMENT OF YOUR NOODLES & COMPANY RESTAURANT. (See also Development Milestones Checklist attached hereto, which is a brief summary of the development process. In the event of a discrepancy or ambiguity, the text of the Agreement, and not the Development Milestones Checklist, shall control).
- 3.01 Site Investigation and Acceptance. You agree that our approval of the Premises and any information communicated to you regarding our site selection criteria for Noodles & Company Restaurants does not constitute a warranty or representation of any kind, express or implied, as to the suitability of the Premises for a Noodles & Company Restaurant or for any other purpose. Our approval of the Premises merely signifies that we are willing to grant a franchise for a Noodles & Company Restaurant at that location; we make no representation to you of the site suitability. Your decision to develop and operate a Noodles & Company Restaurant at the Premises is based solely on your own independent investigation of the suitability of the Premises for a Noodles & Company Restaurant.
Area Operator shall submit to Noodles & Company such demographic and other information regarding the proposed site(s) and neighboring areas as we shall require on our Site Package. The Site Package shall be submitted in a format defined by Noodles & Company to allow submittal and presentation to the Real Estate Site Approval Committee. We will provide guidance to assist you in completing a typical Site Package for your first Restaurant. The Real Estate Site Approval Committee meets approximately every two weeks, and Area Operators are responsible for submitting their sites for approval at least one week prior to the meeting. Area Operators are required to attend meetings or participate via conference call. Noodles & Company shall evaluate the site request within 45 days of submission of a fully completed Site Package and any additional information we request.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, the franchisee's decision to develop and operate a Noodles & Company Restaurant at a specific location is based solely on their own independent investigation of the suitability of the premises. Noodles & Company's approval of the premises only signifies their willingness to grant a franchise for that location and does not constitute a warranty or representation of any kind regarding the site's suitability.
Noodles & Company provides guidance to assist franchisees in completing a typical Site Package for their first restaurant. This package includes demographic and other information regarding the proposed site and neighboring areas, which the franchisee must submit in a format defined by Noodles & Company. The Real Estate Site Approval Committee evaluates site requests within 45 days of receiving a fully completed Site Package and any additional information requested. Franchisees are responsible for submitting their sites for approval at least one week prior to the committee meeting and are required to attend meetings or participate via conference call.
This means that while Noodles & Company offers support and guidance in the site selection process, the ultimate responsibility for determining whether a location is suitable for a Noodles & Company restaurant rests solely with the franchisee. This includes conducting thorough due diligence to assess the location's potential for success. Franchisees bear the risk if a chosen location underperforms, highlighting the importance of careful investigation and analysis.