What maintenance obligations does a Noodles & Company buyer agree to comply with for properties where they are acquiring improvements?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
agree to make such modifications and additions to your Noodles & Company Restaurant's layout, decor, operations and general theme as we require from time to time, including replacement of worn-out or obsolete fixtures, equipment, furnishings, signs and utensils, repair of the interior and exterior and appurtenant parking areas and periodic cleaning and redecorating (such as painting, new carpeting, new wall coverings and new fabrics for furniture).
- (b) There is no limitation on the amount that you may be required to spend for repairs and maintenance in connection with your Noodles & Company Restaurant.
Expenditures in connection with signage (including point of sale, exterior and interior signage) and equipment (including equipment needed to prepare new menu items) are considered a maintenance expenditure (whether for repair or replacement) rather than a remodeling expenditure.
- (c) If, at any time, the general state of repair, appearance or cleanliness of your Noodles & Company Restaurant or the fixtures, equipment, utensils, furnishings, floor coverings, interior or exterior signage, the building interior or exterior, interior or exterior lighting, landscaping or the parking lot surface does not meet our standards, we may notify you and specify the action you must take to correct such deficiency.
If, within 14 days after receiving such notice, you fail or refuse to initiate in good faith and with due diligence a bona fide program to complete such required maintenance, we have the right (in addition to our rights under Section 15), but not the obligation, to enter the Premises and do such maintenance on your behalf and at your expense.
You must promptly reimburse us for such expenses and the cost of coordinating such repairs.
Failure to maintain your Noodles & Company Restaurant's condition and appearance as required by this Agreement and the Operations Manual is a material breach and a default of this Agreement.
If you are not permitted to make certain repairs because such repairs are reserved to the Landlord as common area maintenance, you shall use diligent efforts to cause the Landlord to make such repairs timely and in a workmanlike manner.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to Noodles & Company's 2025 Franchise Disclosure Document, franchisees must adhere to specific maintenance obligations to uphold the brand's standards. Noodles & Company requires franchisees to modify and add to the restaurant's layout, decor, operations, and general theme as the company deems necessary. This includes replacing worn-out or obsolete fixtures, equipment, furnishings, signs, and utensils. Franchisees are also responsible for the repair of the interior and exterior of the premises, including parking areas, and must undertake periodic cleaning and redecorating, such as painting, new carpeting, wall coverings, and furniture fabrics.
There is no limit to the amount a Noodles & Company franchisee may be required to spend on repairs and maintenance. Expenditures related to signage (point of sale, exterior, and interior) and equipment (including that needed for new menu items) are considered maintenance expenditures, whether for repair or replacement, rather than remodeling expenditures.
Noodles & Company retains the right to notify a franchisee of any deficiencies in the general state of repair, appearance, or cleanliness of the restaurant. This includes fixtures, equipment, utensils, furnishings, floor coverings, interior or exterior signage, the building's interior or exterior, lighting, landscaping, or the parking lot surface. The notice will specify the actions needed to correct the deficiency. If the franchisee fails to initiate a program in good faith to complete the required maintenance within 14 days after receiving notice, Noodles & Company has the right, but not the obligation, to enter the premises and perform the maintenance at the franchisee's expense, for which the franchisee must promptly reimburse Noodles & Company, including the cost of coordinating the repairs. Failure to maintain the restaurant's condition and appearance as required is considered a material breach of the franchise agreement. If certain repairs are the landlord's responsibility as common area maintenance, the franchisee must make diligent efforts to ensure the landlord makes such repairs in a timely and workmanlike manner.