During the term of the agreement with Noodles & Company, can I use the confidential information in any other business or capacity?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
We will disclose parts of our Confidential Information to you solely for your use in the operation of your Noodles & Company Restaurant.
The Confidential Information is proprietary and includes our trade secrets.
During the Term and indefinitely thereafter: (a) you and your Owners may not use the Confidential Information in any other business or capacity (you and your Owners acknowledge such use is an unfair method of competition); (b) you and your Owners must exert your best efforts to maintain the confidentiality of the Confidential Information; (c) you and your Owners may not make unauthorized copies of any portion of the Confidential Information disclosed in written, electronic or other form; (d) you and your Owners must implement all reasonable procedures we prescribe from time to time to prevent unauthorized use or disclosure of the Confidential Information, including the use of nondisclosure agreements with your Owners, officers, directors and general managers, and you and your Owners must deliver such agreements to us; and (e) you and your Owners must not disclose or distribute the Confidential Information except as permitted by us in writing prior to such disclosure.
You may only disclose such confidential information as we agree in writing it may be disclosed.
At the end of the Term, you and your Owners must deliver to us all such Confidential Information in your possession.
Your restrictions on disclosure and use of Confidential Information do not apply to information or techniques which are or become generally known in the Restaurant industry (other than through your own disclosure or the wrongful disclosure by someone else), provided you obtain our prior written consent to such disclosure or use.
Prior to any training at Noodles & Company Central Support Office or at any Noodles & Company Restaurant, all your trainees must first execute the Confidentiality Agreement.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to Noodles & Company's 2025 Franchise Disclosure Document, franchisees and their owners are restricted from using the company's confidential information in any other business or capacity during the term of the agreement and indefinitely thereafter. Noodles & Company considers such use an unfair method of competition. Franchisees and their owners must exert their best efforts to maintain the confidentiality of the information, avoid unauthorized copies, and implement procedures to prevent unauthorized use or disclosure. Any disclosure must be agreed to in writing by Noodles & Company. At the end of the term, all confidential information must be returned to Noodles & Company.
The definition of confidential information includes proprietary details related to the development and operation of Noodles & Company restaurants. This includes recipes, site selection criteria, marketing programs, supplier information, operating results, and computer systems. The agreement itself and any information labeled as proprietary or confidential also fall under this restriction.
These restrictions do not apply to information or techniques that become generally known in the restaurant industry, provided Noodles & Company gives prior written consent for its disclosure or use. Prior to training, all trainees must sign a Confidentiality Agreement. This ensures that anyone gaining access to Noodles & Company's confidential information is legally bound to protect it, reinforcing the importance of maintaining the brand's proprietary knowledge and competitive advantage.