If Noodles & Company modifies a covenant, what am I required to do?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
You understand and acknowledge that Noodles & Company shall have the right, in its sole discretion, to reduce the scope of any covenant set forth in this Agreement, or any portion thereof, without your consent, effective immediately upon written notice to you. You shall comply forthwith with any covenant as so modified, which shall be fully enforceable notwithstanding the provisions hereof.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, Noodles & Company has the right to reduce the scope of any covenant in the agreement without your consent. This reduction becomes effective immediately once you receive written notice.
As a franchisee, you are required to comply with the covenant as it has been modified. This compliance is mandatory and fully enforceable, regardless of any other provisions in the agreement. This means that Noodles & Company can change certain terms or restrictions, and you must adhere to those changes as soon as you are notified.
This clause gives Noodles & Company significant flexibility to adjust the agreement's terms, potentially impacting your operations. While the franchisor can reduce the scope of a covenant, it's important to note that they cannot unilaterally expand your obligations without your consent. As a prospective franchisee, it would be prudent to seek clarification on what specific covenants are subject to modification and under what circumstances Noodles & Company might exercise this right.