What sections of the Noodles & Company Franchise Agreement detail the franchisee's obligations for pre-opening purchases and leases?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 33–35)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, Section 3.01 of the Franchise Agreement provides guidance in selecting sites. Additionally, before entering into any lease for an approved site, the franchisee must obtain Noodles & Company's prior written consent, which Noodles & Company will not unreasonably withhold.
Noodles & Company offers general guidance to Area Operators in selecting sites, and will provide its site selection criteria for Noodles & Company restaurants. They also provide on-site evaluations of proposed sites that they deem necessary or appropriate. The franchisee must submit a complete "Site Package" containing all required information for each proposed site that meets Noodles & Company's standard site selection criteria.
The Real Estate Site Approval Committee of Noodles & Company meets approximately every 4 weeks, and Area Operators are responsible for submitting their sites for approval at least one week before the meeting. Noodles & Company will approve or reject each site for which a complete Site Package is submitted. The executed Site Approval Form is the exclusive means by which Noodles & Company approves a proposed site. Noodles & Company will use all reasonable efforts to make a site approval decision and, if the site is accepted, deliver a Site Approval Form to the franchisee within 45 days after receiving the complete Site Package and any other requested materials. In deciding whether to approve or reject a proposed site, Noodles & Company 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. The franchisee's restaurants may not be relocated without Noodles & Company's prior written consent and compliance with their then-current site criteria.