Does Del Taco assume any liability to the franchisee by providing any waiver, approval, consent, or suggestion in connection with the Del Taco Franchise Agreement?

According to Del Taco's 2025 Franchise Disclosure Document, Del Taco assumes no liability to the franchisee by providing any waiver, approval, consent, or suggestion in connection with the Franchise Agreement. Specifically, Del Taco makes no warranties or guarantees to the franchisee through these actions. This means that if Del Taco provides a waiver, approval, consent, or suggestion, and the franchisee relies on it to their detriment, Del Taco is not liable for any resulting losses or damages.

This lack of liability extends to any neglect, delay, or denial of a franchisee's request. Even if Del Taco is negligent in handling a franchisee's request, they do not assume any liability. This provision protects Del Taco from potential lawsuits or claims arising from their decisions or actions related to the franchise agreement.

This type of clause is relatively common in franchise agreements, as franchisors often want to maintain control over their brand and system without being held liable for every decision a franchisee makes based on their guidance. Prospective franchisees should carefully consider this provision and understand that they are ultimately responsible for their own business decisions, even when Del Taco provides input or approval.