Can the Del Taco Franchise Agreement be executed in multiple counterparts?

Yes, according to Del Taco's 2025 Franchise Disclosure Document, the Franchise Agreement can be executed in counterparts. This means that the agreement does not need to be signed on one single document. Instead, each party can sign a separate copy, and all the signed copies together will constitute one complete and binding agreement.

This provides flexibility in the execution process, especially when the parties are geographically separated. Each party can sign their respective copy of the agreement and then exchange them, without needing to coordinate a single signing ceremony or send the same document back and forth. This can expedite the process of finalizing the agreement.

The presence of a counterparts clause is a fairly standard practice in franchise agreements. It simplifies the logistics of getting all parties to sign the agreement, especially when dealing with multiple franchisees or franchisors located in different areas. This clause ensures that the agreement is valid even if signed in separate locations and at different times.

Specifically, the FDD states, "This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument." This clause explicitly allows for the Franchise Agreement to be signed in counterparts, making the process more efficient for both Del Taco and the franchisee.