Who bears the expense of adapting Del Taco's standard specifications to the Restaurant location?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
Del Taco or its designee shall make available to Franchisee a copy of its standard construction package as modified from time to time, which may include plans and specifications, site criteria, and sample site plans, which Franchisee must adapt, at Franchisee's expense, for use at the site selected by Franchisee and a copy of Del Taco's specifications for the furniture, fixtures, furnishings, equipment, signs and all other property that Del Taco may specify for use in the Restaurant.
Franchisee acknowledges that such specifications shall not contain the requirements of any federal, state or local law, code or regulation (including those concerning the Americans with Disabilities Act (the "ADA") or similar rules governing public accommodations or commercial facilities for persons with disabilities), nor shall such plans contain the requirements of, or be used for, construction drawings or other documentation necessary to obtain permits or authorization to build a specific Restaurant, compliance with all of which shall be Franchisee's responsibility and at Franchisee's expense.
Franchisee shall adapt, at Franchisee's expense, the standard specifications to the Restaurant location, subject to Del Taco's approval, as provided in Section 5.1 below, which will not be unreasonably withheld, provided that such plans and specifications conform to Del Taco's general criteria.
Franchisee understands and acknowledges that Del Taco has the right to modify the architectural plans and specifications as Del Taco deems appropriate from time to time.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, the franchisee is responsible for the expense of adapting Del Taco's standard specifications to the restaurant location. Del Taco provides a standard construction package, which includes plans, specifications, site criteria, and sample site plans. The franchisee must adapt these materials for their specific site.
This adaptation process includes modifying the standard specifications to meet the requirements of the chosen location. The franchisee bears the cost of this adaptation, which is subject to Del Taco's approval. Del Taco's approval will not be unreasonably withheld, provided that the plans and specifications conform to Del Taco's general criteria.
This means that prospective Del Taco franchisees need to budget for the costs associated with tailoring the standard construction package to their specific site. These costs can include hiring architects or engineers to modify the plans and specifications, as well as any fees associated with obtaining Del Taco's approval. Franchisees should also be aware that Del Taco has the right to modify the architectural plans and specifications as it deems appropriate from time to time, which could lead to additional adaptation expenses.