Does Noodles & Company need to approve promotional materials developed by a Cooperative?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
this Agreement, you agree to become a member no later than 30 days after the date approved by us for the Cooperative to commence operation. The following provisions shall apply to each Cooperative:
- (a) each Cooperative shall utilize a voting system of one (1) vote per one (1) eligible Noodles & Company Restaurant (an eligible Restaurant shall be one that is open and operating at the time of the vote);
- (b) each Cooperative shall be organized and governed in a form and manner, and shall commence operations on a date, approved in advance by us in writing; no changes in the by-laws or other governing documents of a Cooperative shall be made without our prior written consent;
- (c) each Cooperative shall be organized for the exclusive purpose of administering marketing programs and developing, subject to our approval, promotional materials for use by the members in the Cooperative;
- (d) no marketing or promotional plans or materials may be used by a Cooperative or furnished to its members without prior approval by us pursuant to Section 10.05(f) below;
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to Noodles & Company's 2025 Franchise Disclosure Document, the franchisor's approval is required for promotional materials developed by a Cooperative. Specifically, each Cooperative is organized for the purpose of administering marketing programs and developing promotional materials, but these materials are subject to Noodles & Company's approval. No marketing or promotional plans or materials can be used by a Cooperative or provided to its members without prior approval from Noodles & Company.
This requirement ensures that all marketing and promotional efforts align with Noodles & Company's brand standards and marketing strategies. Franchisees must submit written samples of all proposed marketing and promotional plans and materials for approval at least 30 days before their intended use. However, if the plans and materials were prepared by Noodles & Company or have been approved within the previous six months, this submission may not be necessary.
Proposed marketing plans or materials are considered approved if Noodles & Company does not disapprove them within 15 days after receipt. This process allows Noodles & Company to maintain control over the brand's image and marketing message while allowing franchisees to participate in local marketing efforts through Cooperatives. This also ensures that all marketing efforts support the brand and conform to the standards and requirements set by Noodles & Company.