factual

What specific notices are waived by the undersigned owners guaranteeing the Noodles & Company Franchise Agreement?

Noodles_Company Franchise · 2025 FDD

Answer from 2025 FDD Document

Each of the undersigned waives: (a) acceptance and notice of acceptance by Franchisor of the foregoing undertakings; (b) notice of demand for payment of any indebtedness or non-performance of any obligations hereby guaranteed; (c) protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed; (d) any right he or she may have to require that an action be brought against Franchisee or any other person as a condition of liability; (e) notice of any amendment to the agreement; and (f) any and all other notices and legal or equitable defenses to which he or she may be entitled.

Source: Item 22 — CONTRACTS (FDD pages 98–99)

What This Means (2025 FDD)

According to the 2025 Noodles & Company Franchise Disclosure Document, owners with a 10% or greater interest in the franchisee entity who guarantee the Franchise Agreement waive certain notices related to the franchisee's obligations. This waiver is part of the personal guaranty these owners provide to Noodles & Company.

Specifically, the owners waive: (a) acceptance and notice of acceptance by Noodles & Company of the guaranty; (b) notice of demand for payment of any debt or non-performance of any obligations guaranteed; (c) protest and notice of default to any party regarding the guaranteed debt or nonperformance; (d) any right to require Noodles & Company to first bring an action against the franchisee or any other person before seeking recourse from the guarantor; (e) notice of any amendment to the agreement; and (f) any and all other notices and legal or equitable defenses to which he or she may be entitled.

This means that Noodles & Company does not have to inform the guarantors of acceptance of the guaranty, demand payment from the franchisee before pursuing the guarantors, or notify the guarantors of any defaults or amendments to the agreement. The guarantors also give up certain legal defenses they might otherwise have. This ensures that Noodles & Company can directly and swiftly pursue the personal guarantors if the franchisee fails to meet its obligations under the Franchise Agreement. Prospective franchisees should carefully consider the implications of providing such a broad personal guarantee, as it significantly increases their personal liability.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.