What agreements and rules must a Del Taco franchisee comply with regarding the Ceridian Platform?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
FRANCHISEE SHALL AT ALL TIMES COMPLY WITH THIS AGREEMENT, THE FRANCHISE AGREEMENT, THE PLATFORM USAGE AGREEMENT AND ALL RULES, REGULATIONS, STANDARDS, SPECIFICATIONS AND PROCEDURES DESIGNATED FROM TIME TO TIME BY CERIDIAN IN CONNECTION WITH FRANCHISEE'S USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION THE CERIDIAN TIME CLOCK AND ALL APPLICATIONS. IN THE EVENT OF A CONFLICT BETWEEN THIS AGREEMENT OR THE FRANCHISE AGREEMENT AND THE PLATFORM USAGE AGREEMENT OR CERIDIAN'S RULES, REGULATIONS, STANDARDS, SPECIFICATIONS OR PROCEDURES WITH RESPECT TO THE PLATFORM, THIS AGREEMENT AND THE FRANCHISE AGREEMENT SHALL CONTROL.
Franchisee shall pay such fees to Del Taco in such manner as Del Taco may prescribe, and purchase, lease or otherwise acquire the right to use such equipment, hardware, software and services as Del Taco may prescribe from time to time in order to use the Platform.
Franchisee acknowledges and agrees that, as of the Effective Date, such fees include, without limitation, the following:
Franchisee shall pay a monthly fee of One Hundred and Nine Dollars and Seventy-Five Cents ($109.75).
Franchisee shall purchase from Del Taco a Ceridian Time Clock (wall mounted).
The current price thereof is Two Thousand Nine Hundred Ninety-Seven Dollars and Fifty Cents ($2,997.50).
Franchisee shall pay to Del Taco an annual maintenance/subscription fee for the Ceridian Time Clock.
The current amount of such fee is Five Hundred Seventy-Seven Dollars and Fifty Cents per year ($577.50).
In the event of a termination under this Section for any reason, Franchisee shall:
- i. Immediately cease to use or access the Platform.
- ii. Remain liable for all obligations to Ceridian occurring prior to the termination and resulting from the termination.
- iii. Return to Ceridian, within five (5) days of termination, any and all property of Ceridian in Franchisee's possession or control.
- iv.
Comply with all its post-termination obligations of the Program Usage Agreement.
Franchisee's breach of this Contract resulting in its termination for cause pursuant to Section 7.b) hereof shall constitute a breach of the Franchise Agreement, for which Company may, among other things, immediately terminate the Franchise Agreement without providing Franchisee an opportunity to cure.
FRANCHISEE SHALL NOT BRING, INITIATE OR OTHERWISE ASSERT ANY CLAIM, ACTION OR DISPUTE AGAINST CERIDIAN, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS ARISING FROM OR RELATING TO THE PLATFORM OR THE PLATFORM USAGE AGREEMENT.
Source: Item 23 — RECEIPTS (FDD pages 59–325)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, a franchisee must adhere to several agreements and rules related to the Ceridian Platform. To begin, the franchisee must comply with the terms outlined in the Agreement to Participate in the Ceridian Platform, the Franchise Agreement, and the Platform Usage Agreement. Additionally, the franchisee must follow all rules, regulations, standards, specifications, and procedures designated by Ceridian concerning the use of the Platform, including the Ceridian Time Clock and all applications. In the event of a conflict between these agreements, the Agreement to Participate in the Ceridian Platform and the Franchise Agreement take precedence.
As part of their performance obligations, Del Taco franchisees are required to pay fees as prescribed by Del Taco and must purchase, lease, or acquire the right to use specific equipment, hardware, software, and services necessary for utilizing the Ceridian Platform. As of the effective date of the agreement, these fees include a monthly fee of $109.75, the purchase of a Ceridian Time Clock (wall mounted) for $2,997.50, and an annual maintenance/subscription fee of $577.50 per year for the Ceridian Time Clock. Franchisees are also responsible for paying a reasonable installation fee for the Ceridian Time Clock.
Upon termination of the Agreement to Participate in the Ceridian Platform, the franchisee must immediately cease using or accessing the Platform, remain liable for all obligations to Ceridian occurring prior to the termination, return any Ceridian property within five days of termination, and comply with all post-termination obligations of the Program Usage Agreement. Furthermore, a breach of the Agreement to Participate in the Ceridian Platform resulting in its termination for cause constitutes a breach of the Franchise Agreement, potentially leading to the immediate termination of the Franchise Agreement without an opportunity to cure the breach. Finally, the franchisee is prohibited from bringing any claims, actions, or disputes against Ceridian or its affiliates arising from the Platform or the Platform Usage Agreement, with Del Taco retaining the right, but not the obligation, to resolve any such disputes on behalf of the franchisee.