What is Noodles & Company's responsibility regarding the suitability of a proposed site for a restaurant?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
Neither our approval of a proposed site, nor any information communicated to you regarding our standard site selection criteria or the proposed site constitute a warranty or representation of any kind, express or implied, as
to the suitability of the proposed site for a Noodles & Company restaurant or for any other purpose. Our approval of a proposed site merely signifies that we are willing to grant a franchise for a Noodles & Company restaurant at that location in accordance with the terms of this Agreement. Your decision to develop and operate a Noodles & Company restaurant at any site is based solely on your own independent investigation of the suitability or success of the site for a Noodles & Company restaurant. In consideration of our approval of a proposed site, you and your Owners agree to release us, and our Affiliate, officers, directors, employees and agents from any and all loss, damages, and liability arising from or in connection with the selection and/or approval of such site for the development of a Noodles & Company restaurant.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to Noodles & Company's 2025 Franchise Disclosure Document, the company's approval of a proposed site does not constitute a warranty or representation of any kind regarding the site's suitability for a Noodles & Company restaurant. This means that while Noodles & Company does review and approve sites, franchisees cannot hold them liable if the site turns out to be unsuccessful. Noodles & Company's approval only indicates their willingness to grant a franchise at that specific location.
The responsibility for determining whether a site is suitable for a Noodles & Company restaurant rests solely with the franchisee. The franchisee must conduct their own independent investigation to assess the site's potential for success. This includes analyzing demographic information, traffic patterns, visibility, and the presence of other businesses in the area. Franchisees are required to submit a Site Package with all necessary information for the Real Estate Site Approval Committee to evaluate.
Noodles & Company will provide its then current site criteria and guidance to assist franchisees in completing the Site Package for their first restaurant. The Real Estate Site Approval Committee meets approximately every two weeks to evaluate site requests, and Area Operators are required to attend these meetings or participate via conference call. Noodles & Company will then evaluate the site request within 45 days of receiving a fully completed Site Package and any additional requested information. Ultimately, the franchisee bears the risk associated with site selection, and they agree to release Noodles & Company from any liability related to the site's selection or approval.