Besides the agreement itself, what else constitutes the entire agreement between Del Taco and the licensee?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
Entire Agreement. This Agreement and the attachments to this Agreement constitute the entire agreement between Del Taco and Licensee, and supersede any prior understandings, commitments or agreements, oral or written, regarding the Software, Documentation and Support Services.
Source: Item 23 — RECEIPTS (FDD pages 59–325)
What This Means (2025 FDD)
According to the 2025 Del Taco Franchise Disclosure Document, the entire agreement between Del Taco and the licensee consists of the agreement itself and any attachments to that agreement. This clause explicitly states that the written agreement and its attachments supersede any prior understandings, commitments, or agreements, whether those were communicated orally or in writing. This means that any promises or representations made before signing the agreement, which are not included in the agreement or its attachments, are not legally binding on Del Taco.
This "entire agreement" clause is a standard provision in franchise agreements. It is designed to provide clarity and certainty regarding the terms of the relationship between the franchisor and franchisee. Franchisees should ensure that all material terms and conditions they expect from Del Taco are clearly stated in the written agreement or in official attachments.
For a prospective Del Taco franchisee, this means that verbal assurances or promises from Del Taco representatives should be viewed with caution unless they are formalized in writing within the franchise agreement or its attachments. It is crucial to review all documents carefully and seek legal counsel to ensure a full understanding of the contractual obligations and rights.