What is the obligation of a Noodles & Company franchisee regarding participation in programs?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
ou must furnish us with such evidence of insurance coverage and payment of premiums as we require. If you fail or refuse to maintain any required insurance coverage, or to furnish satisfactory evidence thereof, we, at our option and in addition to our other rights and remedies hereunder, may obtain such insurance coverage on your behalf. If we do so, you must fully cooperate with us in our effort to obtain such insurance policies and pay us any costs and premiums we incur.
Your obligation to maintain insurance coverage is not diminished in any manner by reason of any separate insurance we may choose to maintain, nor does it relieve you of your obligations under Section 18.02.
9.09 Quality Control. We may, in our sole discretion, establish "quality control" programs, such as a "mystery diner" program, other consumer experience evaluation programs, "customer intercept" programs and employee experience surveys, intercepts, and evaluations, to ensure the highest quality of service and food products in all Noodles & Company Restaurants. You shall participate in any such quality control programs, including those we add or modify from time to time, and bear your proportionate share
(or if we provide the program and pay the costs thereof of your pro-rata share), as determined by us in our sole discretion, of the costs of any such program. We shall have access to any data resulting from such programs implemented at your Noodles & Company Restaurants.
To further ensure quality and safety standards, you shall also participate in our then-current food safety audit program and have food safety audits conducted at your Noodles & Company Restaurants at least once every six months at your sole cost. In the event the results of any such audit are not satisfactory to Noodles & Company, as determined it our sole discretion, you may be required, at your own cost, to have your Restaurant re-audited upon notice by us. You shall, at our request, participate in an alcoholic beverage server training program approved by Noodles & Company in its sole discretion.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 Noodles & Company FDD, franchisees must participate in quality control programs established by Noodles & Company, which may include mystery diner programs, consumer experience evaluations, customer intercept programs, and employee experience surveys. Franchisees are responsible for their proportionate share of the costs associated with these programs, or a pro-rata share if Noodles & Company provides the program and pays the costs. Noodles & Company has access to the data resulting from these programs implemented at the franchisee's restaurants.
To ensure quality and safety standards, Noodles & Company franchisees must participate in the then-current food safety audit program and have food safety audits conducted at their restaurants at least once every six months, bearing the cost themselves. If the audit results are unsatisfactory to Noodles & Company, the franchisee may be required to have the restaurant re-audited at their own cost upon notice from Noodles & Company. Franchisees must also participate in an alcoholic beverage server training program approved by Noodles & Company, if requested. Failure to meet these obligations in a timely manner constitutes a material breach of the Franchise Agreement.
Noodles & Company may also require franchisees to join and participate in Multi-Area Marketing Programs, specifying the coverage area, method and timing of payment, and any outside agencies involved. Franchisees are responsible for the costs of participation in these programs. To the extent permitted by law, franchisees must comply with any minimum or maximum price restrictions, including the use of coupons, that Noodles & Company may implement from time to time.