What is the required notice period Noodles & Company must provide before revoking a waiver of obligation?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
20.02 Waiver of Obligations. We and you 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; any failure, refusal or neglect by you or us to exercise any right under this Agreement (except as provided in Section 20.03) or to insist upon exact compliance by the other with its obligations hereunder; any waiver, forbearance, delay, failure or omission by us to exercise any right, whether of the same, similar or different nature, with respect to other Noodles & Company Restaurants; or the acceptance by us of any payments due from you after any breach of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 FDD, Noodles & Company may revoke a waiver of obligation with 10 days' prior notice. The FDD states that either Noodles & Company or the franchisee can unilaterally waive or reduce any obligation of the other party under the agreement through a written instrument.
This waiver does not compromise any other rights the waiving party may possess, and it remains subject to ongoing review. Noodles & Company retains the discretion to revoke such a waiver at any time, for any reason.
The revocation becomes effective once the other party receives a 10 days' prior notice. The FDD also clarifies that the failure to exercise any right under the agreement or to insist on exact compliance does not constitute a waiver of that right, nor does it modify the agreement.