Can Del Taco advertise the System within the Protected Area of a Del Taco franchise?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
Without obligation to Franchisee, Del Taco and its affiliates may, among other things, and regardless of proximity to or economic impact upon the Restaurant:
- 1.2.1 Advertise and promote the System within and outside of the Protected Area;
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, Del Taco retains the right to advertise and promote the Del Taco system within and outside of a franchisee's protected area. This means that even though a franchisee has a protected area, Del Taco can still conduct advertising and promotional activities within that area to promote the brand as a whole.
This clause ensures that Del Taco maintains control over the overall marketing strategy and can implement system-wide campaigns without being restricted by individual franchisee territories. While franchisees may conduct their own local advertising, Del Taco has the final say on all advertising programs and materials. This is a common practice in franchising, allowing the franchisor to maintain brand consistency and maximize the impact of marketing efforts.
For a prospective franchisee, this means that Del Taco's marketing efforts in their protected area may benefit their restaurant, but they cannot prevent Del Taco from advertising within that area. Franchisees are also responsible for local advertising and promotion, but these efforts must be approved by Del Taco and adhere to the franchisor's standards and requirements. This ensures that all advertising aligns with the overall brand image and marketing strategy.