What aspects of advertising programs does Del Taco have the right to direct?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
Del Taco or its designee shall have the right to direct all advertising programs, as well as all aspects thereof, including the concepts, materials, and media used in such programs and the placement and allocation thereof.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, Del Taco has the right to direct all advertising programs and all aspects of those programs. This includes the concepts, materials, and media used, as well as the placement and allocation of the advertising. This means Del Taco maintains control over the brand's image and marketing strategies.
For franchisees, this means that while they may conduct local advertising and promotion, all plans and materials must be approved in writing by Del Taco. Franchisees must submit samples of their proposed advertising to Del Taco for review, and if they do not receive written approval within fifteen (15) days, the advertising is considered disapproved. This ensures that all local advertising aligns with Del Taco's overall marketing strategy and brand standards.
Del Taco may also make available to franchisees advertising plans and promotional materials at the franchisee's expense. These materials can include newspaper mats, coupons, merchandising materials, point of purchase materials, and direct mail materials. Del Taco also has the right to require that all advertising and promotional materials, signs, decorations, and paper goods bear Del Taco's Proprietary Marks and logos in the form, color, location, and manner prescribed by Del Taco. This further reinforces brand consistency across all locations.
Furthermore, any copyrights in advertising and promotional materials developed by or on behalf of the franchisee become the sole property of Del Taco. Franchisees must ensure that their independent contractors also execute documents to give effect to this provision. This underscores Del Taco's control over all advertising and promotional content associated with the brand.