Under what circumstances does the Indemnified Claim NOT include claims against Noodles & Company?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) We agree to indemnify you against, and to reimburse you for, all damages for which you are held liable in any proceeding arising out of any claim made against you as a result of your having properly utilized the then current (i) point of sale marketing materials provided to you by Noodles & Company or those developed by Noodles & Company and (ii) the recipes and required ingredients ("Indemnified Claim"); however, under no circumstances does Indemnified Claim include any claim resulting from, based on, or related to, a food borne illness, foreign or other object in the food that was not prescribed in the recipe or intended to be in the dish; allergic reactions of any kind; verbal information provided to customers; slip and fall and such other personal injuries or accidents.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to Noodles & Company's 2025 Franchise Disclosure Document, Noodles & Company will indemnify franchisees against damages for which the franchisee is held liable due to claims resulting from the proper use of Noodles & Company's point-of-sale marketing materials or recipes with required ingredients. However, this indemnification, referred to as "Indemnified Claim", specifically excludes certain types of claims.
The Indemnified Claim does not include any claim resulting from or related to foodborne illnesses. It also excludes claims related to foreign or other objects in the food that were not prescribed in the recipe or intended to be in the dish. Furthermore, claims arising from allergic reactions of any kind, verbal information provided to customers, and slip and fall accidents, or other personal injuries are not covered under the Indemnified Claim.
This means that if a Noodles & Company franchisee faces a claim or lawsuit related to any of these excluded events, Noodles & Company is not obligated to provide indemnification or cover the franchisee's damages. The franchisee would be responsible for handling these claims, potentially incurring legal fees, settlement costs, and other related expenses. It is important for prospective franchisees to understand these exclusions and ensure they have adequate insurance coverage to protect against such liabilities.