How does the addendum relate to the Del Taco Franchise Agreement?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
- **8.
Entire Agreement**: This Addendum shall be considered an integral part of the Franchise Agreement between the parties hereto, and the terms of this Addendum shall be controlling with respect to the subject matter hereof.
All capitalized terms not otherwise defined herein shall have the same meaning as set forth in the Franchise Agreement.
Except as modified or supplemented by this Addendum, the terms of the Franchise Agreement are hereby ratified and confirmed.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, addenda serve to modify or supplement the existing Franchise Agreement. The terms defined in the Franchise Agreement also apply to the addendum unless otherwise specified. The addendum is considered an integral part of the Franchise Agreement, and its terms are controlling with respect to the specific subject matter it addresses.
For instance, the Site Selection Addendum supplements the Franchise Agreement by outlining the process and timeline for the franchisee to secure a location for their Del Taco restaurant. It specifies a 'Search Period' of 180 days, potentially extendable by 60 days, for the franchisee to find and acquire or lease a site approved by Del Taco. Failure to do so can result in the termination of the Franchise Agreement and the addendum. The approved location and protected area are detailed in Exhibit A of the Franchise Agreement, making them part of the agreement.
Another example is the Addendum to Lease, which must be included in the lease agreement between the franchisee and the landlord. This ensures that the lease aligns with Del Taco's requirements. Overall, the addenda clarify and expand upon specific aspects of the Franchise Agreement, providing additional details and requirements for the franchisee to follow.