Under what circumstances can Noodles & Company seek injunctive relief?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
ly acknowledge the possession of skills and abilities of a general nature and the opportunity to exploit such skills in other ways, so that enforcement of the covenants contained in Sections 5 and 6 will not deprive any of you of your personal goodwill or ability to earn a living. If any covenant herein, which
restricts competitive activity, is deemed unenforceable by virtue of its scope or in terms of geographical area, type of business activity prohibited, and/or length of time, but could be rendered enforceable by reducing any part or all of it, you and we agree that it will be enforced to the fullest extent permissible under applicable law and public policy. Noodles & Company may obtain in any court of competent jurisdiction any injunctive relief, including temporary restraining orders and preliminary injunctions, against conduct or threatened conduct for which no adequate remedy at law may be available or which may cause it irreparable harm. You, and each of your Owners, acknowledge that any violation of Sections 4, 5, or 6 hereof would result in irreparable injury for which no adequate remedy at law may be available. If Noodles & Company files a claim to enforce this Agreement and prevails in such proceeding, you agree to reimburse Noodles & Company for all its costs and expenses, including reasonable attorneys' fees.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, Noodles & Company can seek injunctive relief in any court of competent jurisdiction against conduct or threatened conduct for which no adequate remedy at law may be available or which may cause it irreparable harm. This includes temporary restraining orders and preliminary injunctions.
This means that Noodles & Company can take legal action to stop a franchisee from doing something that violates the franchise agreement if that action is causing, or threatens to cause, irreparable harm to Noodles & Company and monetary damages would not be sufficient to compensate for the harm.
The franchisee acknowledges that any violation of Sections 4, 5, or 6 of the agreement would result in irreparable injury for which no adequate remedy at law may be available. The franchisee also agrees to reimburse Noodles & Company for all costs and expenses, including reasonable attorneys' fees, if Noodles & Company files a claim to enforce the agreement and prevails in such proceeding.
Furthermore, the franchisee and their owners acknowledge that any violation of Section(s) 5, 7, 9, 11, 14, 15 and/or 16 would result in irreparable injury to Noodles & Company for which no adequate remedy at law may be available. Accordingly, they consent to the issuance of an injunction prohibiting any conduct in violation of any of those Sections and agree that the existence of any claim they may have against Noodles & Company will not be a defense to the enforcement of any of those Sections.