Who is responsible for procuring the Technology required for Noodles & Company to perform the Services for the franchisee?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- Franchisee Responsibilities. In addition to any other responsibilities of Franchisee as set forth in this Agreement, Schedule A or the Area Development Agreement, Franchisee has the following responsibilities:
- 1.a Procurement. Franchisee is solely responsible for procuring, at its sole cost and expense, all equipment, software, applications, permissions, letters of authorization, rights and services required for Company to
perform the Services for Franchisee including but not limited to any of the foregoing as may be required in accordance with the Area Development Agreement (collectively, the "Technology").
Franchisee also is responsible solely for any costs and expenses associated with communication lines required for Company to access the Technology.
- 1.b Currency.
Franchisee shall maintain the currency of all Technology in accordance with the requirements of Company and shall be solely responsible for purchasing (and the costs thereof) any updates, upgrades, releases, versions, patches and warranty and maintenance contracts required to maintain the Technology current with such requirements.
- 1.c Leased Equipment.
Franchisee is solely responsible for procuring, at its sole cost and expense, and reimbursing Company, as applicable, for any leased equipment and shall be required to renew all leases and related maintenance contracts upon renewal.
- 1.d Unsupported Modifications.
Company desires to maintain a consistent implementation of Technology across all restaurants.
Accordingly, Company will not be required to extend Services to any modifications of Franchisee that do not comply with the Company requirements for the Technology.
- 1.e Franchisee's Users.
Franchisee shall provide knowledgeable and adequately trained users who have full system access and authority should Company need Franchisee's help to research or replicate a reported problem.
Source: Item 22 — CONTRACTS (FDD pages 98–99)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, the franchisee is responsible for procuring the Technology required for Noodles & Company to perform services. This includes all equipment, software, applications, permissions, letters of authorization, rights, and services needed for Noodles & Company to perform its services. The franchisee is also responsible for any costs associated with communication lines required for Noodles & Company to access the Technology.
This means that a Noodles & Company franchisee must budget for and manage the acquisition and maintenance of all necessary technology for the restaurant's operations. This responsibility extends to ensuring that all Technology remains current and compliant with Noodles & Company's requirements, including purchasing updates, upgrades, releases, versions, patches, and maintaining warranty and maintenance contracts.
The franchisee is also responsible for procuring and paying for any leased equipment and renewing all related leases and maintenance contracts. This ensures that Noodles & Company maintains a consistent technology implementation across all restaurants, as the company will not provide services for modifications that do not comply with their Technology requirements. The franchisee must also provide knowledgeable and trained users who can assist Noodles & Company with any reported problems.