Who has sole discretion over programs financed by the ABDF for Noodles & Company?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
We will have sole discretion over all aspects of programs financed by the ABDF, including national or regional media, public relations, creative concepts, materials, endorsements and agency relationships. Although the ABDF is intended to maximize general recognition and patronage of the brand and the Marks for the benefit of all Noodles & Company restaurants, we cannot assure you that any particular Noodles & Company restaurant will benefit directly or on a pro-rata basis from advertising, marketing or public relations. Additionally, we reserve the right to define, at any time, the measurement terms for any media coverage. The ABDF may be used to pay for the cost of preparing and producing creative materials and programs we select, including video, audio, digital and printed advertising and public relations materials, media planning and buying services, and for the cost of employing advertising, marketing, branding, public relations and/or design agencies and supporting market research activities. We may furnish you with marketing, advertising, public relations and promotional materials at cost, plus any related administrative, shipping, handling and storage charges.
The ABDF will be accounted for separately from our other funds. While our intent is to balance the ABDF on an annual basis, the ABDF may run at either a surplus or deficit. All disbursements from the ABDF will be made first from income, then from rebates received from suppliers and then from contributions. We may spend, in any fiscal year, an amount greater or less than the aggregate contributions of all Noodles & Company restaurants to the ABDF in that year, and the ABDF may borrow from us or other lenders to cover deficits in the ABDF or cause the ABDF to invest any surplus for future use by the ABDF. We will prepare annually an unaudited statement of monies collected and costs incurred by the ABDF and furnish you a copy upon your request. Except as otherwise expressly provided in the Franchise Agreement, we assume no direct or indirect liability or obligation regarding the maintenance, direction or administration of the ABDF. We do not act as a trustee or in any other fiduciary capacity regarding the ABDF.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 36–48)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, Noodles & Company retains sole discretion over all aspects of programs financed by the Advertising & Brand Development Fund (ABDF). This includes national or regional media, public relations, creative concepts, materials, endorsements, and agency relationships. While the ABDF aims to benefit all Noodles & Company restaurants by maximizing brand recognition, there is no guarantee that any specific restaurant will directly or proportionally benefit from these advertising, marketing, or public relations efforts.
Noodles & Company also reserves the right to define the measurement terms for any media coverage at any time. The ABDF may cover the costs of preparing and producing creative materials and programs, such as video, audio, digital, and printed advertising, as well as public relations materials, media planning and buying services, and the employment of advertising, marketing, branding, public relations, and/or design agencies, along with supporting market research activities. Franchisees may be furnished with marketing, advertising, public relations, and promotional materials at cost, plus any related administrative, shipping, handling, and storage charges.
The ABDF is accounted for separately from Noodles & Company's other funds. While the intent is to balance the ABDF annually, it may run at a surplus or deficit. Disbursements are made first from income, then from supplier rebates, and finally from contributions. Noodles & Company may spend more or less than the aggregate contributions of all restaurants in any fiscal year and may borrow or invest funds to cover deficits or surpluses. An unaudited statement of monies collected and costs incurred by the ABDF is prepared annually and furnished to franchisees upon request. Noodles & Company assumes no direct or indirect liability or obligation regarding the maintenance, direction, or administration of the ABDF and does not act as a trustee or in any fiduciary capacity regarding the ABDF.