What sections of the Noodles & Company Franchise Agreement cover the franchisee's responsibilities for site development and other pre-opening requirements?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
d below, we are not required to provide you with any assistance.**
Pre-Opening Obligations.
Before you open your Noodles & Company restaurant:
- We will provide Area Operators general guidance in selecting sites. (Area Development Agreement, Section 3; Franchise Agreement Section 3.01);
We will give you our site selection criteria for Noodles & Company restaurants and provide such on-site evaluation of proposed sites that we deem necessary or appropriate. You must submit to us, in accordance with procedures we establish from time to time, a complete "Site Package" containing all information that we reasonably require for each site for a Noodles & Company restaurant that you propose to develop and operate and that meets our then-current standard site selection criteria for Noodles & Company restaurants. Our Real Estate Site Approval Committee meets approximately every 4 weeks, and Area Operators are responsible for submitting their sites for approval at least one week before the meeting. You are responsible for finding proposed Restaurant sites and sending them to us for review with the required site-specific information, in a timely manner so that you can meet your development obligations.
We will approve or reject each site for which you submit to us a complete Site Package. Our executed Site Approval Form is the exclusive means by which we approve a proposed site. We will use all reasonable efforts to make a site approval decision and, if the site is accepted, deliver a Site Approval Form to you within 45 days after we receive the complete Site Package and any other materials we have requested. In deciding whether to approve or reject a site you propose, we may consider various factors, including the general location and neighborhood, demographic information, traffic patterns, access, visibility, site economics, location of other retail food establishments (including other Noodles & Company restaurants) and size, condition trade dress, configuration, appearance, and other physical characteristics of the site. Your restaurants may not be relocated without our prior written consent and compliance with our thencurrent site criteria.
No lease for an approved site may be entered into without our prior written consent, which we will not unreasonably withhold.
- We will provide you with our layout requirements for your Noodles & Company restaurants, and, except in the case where you are an Affiliate of an existing area operator of Noodles & Company restaurants who has already opened restaurants, we will provide the space plans and signage layouts for your first three restaurants. We must approve your plans for additional restaurants you develop. We will provide you with construction orientation for your first restaurant. We will specify the equipment, furniture, fixtures and signs for your restaurant and provide you with a list of approved suppliers.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 33–35)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, several sections within both the Area Development Agreement and the Franchise Agreement outline the franchisee's responsibilities for site development and pre-opening requirements. Specifically, Item 11 references sections within the Area Development Agreement and Franchise Agreement related to site selection.
Section 3 of the Area Development Agreement and Section 3.01 of the Franchise Agreement provide guidance on site selection. The franchisee is responsible for finding potential restaurant sites and submitting them for review. Section 3.03 of the Franchise Agreement discusses Noodles & Company providing guidance during the development phase, including construction status updates and site visits if they choose.
Section 4 of the Franchise Agreement, as referenced in Item 11, details the required training programs for the franchisee, operating partner, and management personnel before opening. Franchisees must ensure their personnel complete these training programs to Noodles & Company's satisfaction. Failure to do so could lead to termination of the Area Development Agreement or Franchise Agreement. Section 3.06 of the Franchise Agreement states that if a franchisee has not previously owned or managed a Noodles & Company restaurant, Noodles & Company will provide opening operational assistance for the franchisee's first two restaurants.