Is there a confidentiality agreement included in the entire agreement for Noodles & Company?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
7.09 Confidentiality and Non-Compete Agreements. You agree to cause each of your Owners and Operating Partners to enter into and comply with the confidentiality and non-compete agreement referred to in Section 8.02 hereof.
8. YOUR ORGANIZATION AND MANAGEMENT.
8.01 Organization Documents. You must be a legal entity such as a business corporation, partnership, limited liability company or other legal entity formed for and used for the purpose of developing and holding franchises to operate Noodles & Company Restaurants. You and each of your Principal Owners represent, warrant and agree that: (a) you are duly organized and validly existing under the laws of the state of your organization and you are duly qualified to transact business in the state in which your Noodles & Company Restaurant is located; (b) you have the authority to execute and deliver this Agreement and to perform your obligations hereunder; (c) true and complete copies of the articles or certificate of incorporation, partnership agreement, bylaws, subscription agreements, buy-sell agreements, voting trust agreements and all other documents relating to your ownership, organization, capitalization, management and control have been delivered to us and all amendments thereto shall be promptly delivered to us; (d) your and your entity's activities are restricted to those necessary solely for the development, ownership and operation of your Noodles & Company Restaura
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, confidentiality is a significant aspect of the franchise agreement. Noodles & Company will disclose confidential information, including trade secrets, to the franchisee for operating a Noodles & Company Restaurant. The franchisee and their owners must maintain the confidentiality of this information during the term of the agreement and indefinitely afterward. Unauthorized copies are prohibited, and reasonable procedures must be implemented to prevent unauthorized use or disclosure. Trainees must also execute a Confidentiality Agreement before training.
The definition of "Confidential Information" is broad, encompassing various aspects of the Noodles & Company business, such as recipes, site selection criteria, marketing programs, supplier information, operating results, and computer systems. The franchisee's obligations extend beyond the term of the agreement, requiring them to return all confidential information upon termination. These restrictions do not apply to information that becomes generally known in the restaurant industry, provided Noodles & Company gives prior written consent.
Furthermore, the Area Development Agreement includes a Confidentiality and Non-Competition Agreement that owners and operating partners must execute. This agreement reinforces the franchisee's commitment to protecting Noodles & Company's confidential information and prevents them from engaging in competitive activities. The agreement is a condition of Noodles & Company entering into the Area Development Agreement, highlighting its importance to the franchisor. These measures ensure that Noodles & Company's proprietary information remains protected, maintaining its competitive advantage.