Can Noodles & Company withhold consent for a franchisee's social media use for any reason?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
10.08 Social Media. You agree not to promote, offer or sell any products or services relating to your Noodles & Company Restaurant through, or use any of the Marks on, the Internet, social media, social networks or other future technological avenues (collectively, "Social Media") without our prior written consent, which we may withhold for any or no reason. You must, at all times, comply with our Social Media policy, as modified periodically. You expressly acknowledge and agree that your use of any Social Media relating to your Noodles & Company Restaurant is subject to our prior written approval. You may not establish an independent site or page on any Social Media without our prior written consent. If we authorize you to have and/or design a site or a page on any Social Media for your Noodles & Company Restaurant, your site and page may only be accessed from our site or page, and we may prohibit links between your site or page and any other site. You acknowledge that any use of Social Media by you with respect to your Noodles & Company Restaurant constitutes advertising and promotion subject to this Section 10, and you agree to comply with any additional policies and standards we issue from time to time with respect to Social Media. You acknowledge that any copyright in your sites or pages on any Social Media will be deemed to be owned by us, and you agree to sign any documents that we reasonably deem necessary to affirm our ownership of the copyright. If necessary, you must ensure cooperation with us by any web site service provider or web site hosting company with which you do business. You represent that you have or will have the lawful right to use any proprietary materials of others that appear on your sites or pages on Social Media. We periodically may provide to you content for your sites and pages on Social Media, including copy, news stories and photographs. We must consent to any changes to your sites and pages on Social Media. You further agree to assign to us any domain names you obtain that we, in our sole discretion, request that you transfer to us that you used in connection with the Noodles & Company concept, and you further agree to assign any and all domain names used by you in the operation and promotion of your Noodles & Company Restaurant at such time as this Agreement is terminated.
Source: Item 23 — RECEIPT (FDD pages 99–350)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, Noodles & Company maintains significant control over a franchisee's social media presence related to the restaurant. Specifically, a franchisee must obtain prior written consent from Noodles & Company before promoting, offering, or selling any products or services related to their Noodles & Company restaurant through social media. This also applies to using any of Noodles & Company's trademarks on social media platforms.
The FDD explicitly states that Noodles & Company may withhold this consent "for any or no reason." This gives Noodles & Company broad discretion to deny a franchisee's social media activities, even if those activities would otherwise seem beneficial to the business. Franchisees must also comply with Noodles & Company's social media policy, which may be modified periodically, adding another layer of control for the franchisor.
Furthermore, franchisees are prohibited from establishing independent sites or pages on social media without prior written consent, and any authorized sites or pages may only be accessed from Noodles & Company's official site or page. Noodles & Company can also prohibit links between a franchisee's site and any other site. This level of control ensures that all social media activities align with Noodles & Company's overall marketing strategy and brand image, but it also limits a franchisee's autonomy in utilizing social media for their local restaurant. Additionally, Noodles & Company retains ownership of any copyright in the franchisee's social media sites or pages and can request the transfer of any related domain names.