If Noodles & Company waives an obligation, what is the required notice period for revoking that waiver?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.02 Waiver of Obligations. You and we may, by written instrument, unilaterally waive or reduce any obligation of the other under this Agreement. Any such waiver granted shall be without prejudice to any other rights the waiving party may have, will be subject to continuing review by such party, and may be revoked, in such party's sole discretion, at any time and for any reason, effective upon delivery to the other party of 10 days' prior notice. You and we shall not be deemed to have waived any right reserved by this Agreement or be deemed to have modified this Agreement by virtue of any custom or practice of the parties at variance with it.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, both Noodles & Company and the franchisee can waive or reduce obligations under the agreement through a written instrument. Any waiver granted does not affect the waiving party's other rights, remains subject to ongoing review, and can be revoked at any time, for any reason, at the waiving party's discretion.
To revoke a waiver, the waiving party must deliver a prior notice of 10 days to the other party. This means that if Noodles & Company decides to revoke a previously granted waiver, they must provide the franchisee with a 10-day notice before the revocation takes effect.
This clause ensures that neither party is permanently bound by a waiver and allows for adjustments as circumstances change, while also providing a reasonable notice period to the other party. This is a fairly standard clause in franchise agreements, allowing flexibility but also requiring communication and a wind-down period for any changes.