What is the franchisee's responsibility regarding the suitability of the premises for a Noodles & Company Restaurant?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
, 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.
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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.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to Noodles & Company's 2025 Franchise Disclosure Document, franchisees are ultimately responsible for determining if a location is suitable for their restaurant. While Noodles & Company offers site selection criteria and must approve the premises, this approval doesn't act as a warranty or guarantee regarding the location's suitability or potential success.
Noodles & Company's approval simply means they are willing to grant a franchise at that specific location. The franchisee must conduct their own independent investigation to assess whether the site is appropriate for a Noodles & Company restaurant. This includes analyzing demographics and other relevant information about the proposed site and surrounding areas, which the Area Operator must submit in a Site Package to Noodles & Company's Real Estate Site Approval Committee.
Furthermore, in consideration of Noodles & Company's approval of a site, the franchisee agrees to release Noodles & Company from any liability related to the site selection. The document emphasizes that the decision to develop and operate a Noodles & Company restaurant at any site is based solely on the franchisee's independent assessment of the site's suitability and potential for success. This is a common practice in franchising, where the franchisee typically bears the risk associated with location performance.