Is Noodles & Company responsible for the franchisee's decision to develop and operate a Noodles & Company Restaurant at the premises?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
3.01 Site Investigation and Acceptance. You agree that our approval of the Premises and any information communicated to you regarding our site selection criteria for Noodles & Company Restaurants does not constitute a warranty or representation of any kind, express or implied, as to the suitability of the Premises for a Noodles & Company Restaurant or for any other purpose. Our approval of the Premises merely signifies that we are willing to grant a franchise for a Noodles & Company Restaurant at that location; we make no representation to you of the site suitability. Your decision to develop and operate a Noodles & Company Restaurant at the Premises is based solely on your own independent investigation of the suitability of the Premises for a Noodles & Company Restaurant.
Area Operator shall submit to Noodles & Company such demographic and other information regarding the proposed site(s) and neighboring areas as we shall require on our Site Package. The Site Package shall be submitted in a format defined by Noodles & Company to allow submittal and presentation to the Real Estate Site Approval Committee. We will provide guidance to assist you in completing a typical Site Package for your first Restaurant. The Real Estate Site Approval Committee meets approximately every two weeks, and Area Operators are responsible for submitting their sites for approval at least one week prior to the meeting. Area Operators are required to attend meetings or participate via conference call. Noodles & Company shall evaluate the site request within 45 days of submission of a fully completed Site Package and any additional information we request.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, the franchisee is solely responsible for the decision to develop and operate a Noodles & Company restaurant at a specific location. While Noodles & Company will provide approval of the premises and share site selection criteria, this does not constitute a warranty or representation regarding the suitability of the location. The approval from Noodles & Company simply means they are willing to grant a franchise at that location.
The FDD emphasizes that the franchisee must conduct their own independent investigation to determine if the premises are suitable for a Noodles & Company restaurant. This includes assessing demographic information and other relevant data about the proposed site and surrounding areas, which the Area Operator must submit to Noodles & Company in a Site Package. The Real Estate Site Approval Committee at Noodles & Company will evaluate the site request within 45 days of receiving a complete Site Package and any additional requested information.
This arrangement places the onus on the franchisee to thoroughly research and evaluate potential locations, bearing the risk of the site's success. While Noodles & Company offers guidance and approval processes, the ultimate decision and responsibility lie with the franchisee. This is a common practice in franchising, where franchisees are expected to perform due diligence to ensure the viability of their chosen location.