What conditions must be met before a Del Taco franchisee can open the Restaurant for business regarding construction and training?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
thousand dollars ($50,000) for work Del Taco or its affiliates complete toward developing the site, in addition to Del Taco or its affiliates' out-of-pocket and internal overhead costs. This amount is not refundable and must be paid before the site development services are performed.
- 5.2.2 Franchisee shall comply, at Franchisee's expense, with all federal, state and local laws, codes and regulations, including the applicable provisions of the ADA regarding the construction, design and operation of the Restaurant.
- 5.2.3 Franchisee shall be responsible for obtaining all zoning classifications and clearances which may be required by state or local laws, ordinances, or regulations or which may be necessary or advisable owing to any restrictive covenants relating to Franchisee's location. After having obtained such approvals and clearances, Franchisee shall submit to Del Taco, for Del Taco's approval, final plans for construction based upon the preliminary plans and specifications. Del Taco's review and approval of plans shall be limited to review of such plans to assess compliance with Del Taco's design standards for Restaurants. Once approved by Del Taco, such final plans shall not thereafter be changed or modified without the prior written permission of Del Taco. Any such change made without Del Taco's prior written permission shall constitute a material default under this Agreement and Del Taco may withhold its authorization to open the Restaurant for business until the unauthorized change is rectified (or reversed) to Del Taco's reasonable satisfaction.
- 5.2.4 Franchisee shall obtain all permits and certifications required for the lawful construction and operation of the Restaurant and shall certify in writing to Del Taco that all such permits and certifications have been obtained. Franchisee shall provide copies of all such permits and certificates to Del Taco within ten (10) days of Del Taco's request for same.
- 5.2.5 Franchisee shall employ a qualified licensed general contractor who is acceptable to Del Taco to construct the Restaurant and to complete all improvements. Franchisee shall obtain and maintain in force during the entire period of construction the insurance required under Section 11 below; and Franchisee shall deliver to Del Taco such proof of such insurance as Del Taco shall require.
- 5.2.6 Prior to signing a lease, Franchisee shall submit to Del Taco a final draft of the lease for the Restaurant premises. The lease must contain the provisions contained in Exhibit G (Addendum to Lease) hereof. Within fifteen (15) days following Franchisee's execution of the lease for the Restaurant premises, Franchisee shall provide to Del Taco copies of (i) the fully-executed lease for the premises and the executed Addendum to Lease and (ii) the landlord's and property management company's notice address and contact information. Further, no later than ten (10) days following Franchisee's opening of the Restaurant for business, Franchisee shall provide Del Taco with a copy of the commencement date letter from the landlord, or similar documentary evidence which indicates the commencement date under the lease and the expiration date of the lease.
- 5.3 Restaurant Opening. In connection with the opening of the Restaurant:
- 5.3.1 Franchisee shall not open the Restaurant for business without first complying with all of Del Taco's pre-opening requirements and obligations contained in this Agreement and the Manuals.
- 5.3.2 Franchisee shall draw upon the Promotional Fee as described in Section 3.2 to conduct such grand opening and promotional activities as Del Taco may require.
- 5.3.3 Franchisee shall not open the Restaurant until Del Taco has determined that all construction has been substantially completed, and that such construction conforms to Del Taco's standards including materials, quality of work, signage, decor, paint, and equipment.
- 5.3.4 Franchisee shall not open the Restaurant until the Operating Principal, the Restaurant Manager and the Shift Managers have successfully completed all training required by Del Taco,
and Franchisee has hired and trained to Del Taco's standards a sufficient number of employees to service the anticipated level of the Restaurant's customers.
- 5.3.5 Franchisee shall not open the Restaurant until all amounts due to Del Taco under this Agreement or any other related agreements have been paid.
- 5.3.6 As and when required by Del Taco, Franchisee shall provide to Del Taco a summary of the expenditures incurred by Franchisee, on the format required by Del Taco, in connection with the acquisition, development and opening of the Restaurant and in connection with any remodeling or renovation of the Restaurant.
- 5.4 Training.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, several conditions must be met before a franchisee can open their restaurant for business. Regarding construction, the franchisee must comply with all federal, state, and local laws, codes, and regulations, including ADA provisions, at their own expense. They are responsible for obtaining all necessary zoning classifications and clearances. Final construction plans must be submitted to Del Taco for approval to ensure compliance with design standards, and these plans cannot be altered without written permission from Del Taco. All required construction permits and certifications must be obtained, and copies provided to Del Taco within ten days of request. A qualified, licensed general contractor acceptable to Del Taco must be employed for construction, and the franchisee must maintain required insurance during the construction period. Del Taco must determine that all construction has been substantially completed and conforms to Del Taco's standards, including materials, quality of work, signage, decor, paint, and equipment.
Regarding training, the Operating Principal, Restaurant Manager, and at least five Shift Managers (collectively, "Franchisee's Principal Trainees") must successfully complete all required training programs. The franchisee must also hire and train a sufficient number of employees to meet Del Taco's standards for customer service. The franchisee must ensure that at least one staff member has satisfactorily completed state and/or local mandated food handling training and is certified before training with Del Taco. The franchisee and at least one employee attending Del Taco's management training must also successfully complete a state and/or local mandated food handling program before commencing training with Del Taco, providing a certificate of completion. Employees must be covered by the franchisee's workers' compensation insurance policy before starting training with Del Taco, with evidence of coverage provided if requested.
In addition to construction and training requirements, the franchisee must comply with all of Del Taco's pre-opening requirements and obligations outlined in the Franchise Agreement and the Manuals. The franchisee must utilize the Promotional Fee to conduct grand opening and promotional activities as required by Del Taco. All amounts due to Del Taco under the Franchise Agreement or any related agreements must be paid. The franchisee must also provide a summary of expenditures incurred in connection with the acquisition, development, and opening of the Restaurant in the format required by Del Taco.
These pre-opening requirements are typical in the franchise industry, as franchisors seek to ensure brand consistency and operational standards are met from the outset. Franchisees should carefully review all requirements and obligations in the Franchise Agreement and Manuals to ensure compliance and avoid delays in opening their Del Taco restaurant.