As a Del Taco franchisee, am I allowed to represent myself as an agent of Del Taco?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.1.2 No Agency.
Franchisee shall not act or attempt to act or represent itself, directly or by implication, as an agent of Del Taco.
It is understood and agreed that nothing in this Agreement authorizes Franchisee to make any contract, agreement, warranty, or representation on Del Taco's behalf, or to incur any debt or other obligation in Del Taco's name; and that Del Taco shall in no event assume liability for, or be deemed liable hereunder as a result of, any such action; nor shall Del Taco be liable by reason of any act or omission by Franchisee in Franchisee's conduct of the Restaurant or for any claim or judgment arising therefrom against Franchisee or Del Taco.
Franchisee shall not have the authority, express or implied, to bind or obligate Del Taco in any way.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, a franchisee is explicitly prohibited from representing themselves as an agent of Del Taco. The agreement specifies that franchisees must present themselves to the public as independent contractors operating under a Del Taco franchise.
This means that as a franchisee, you cannot act or attempt to act as an agent of Del Taco, whether directly or indirectly. You are not authorized to make any contracts, agreements, warranties, or representations on Del Taco's behalf, nor can you incur any debt or obligation in Del Taco's name. Del Taco will not be liable for any actions or omissions you make while conducting your restaurant operations.
This provision is standard in franchising to ensure that the franchisor is not held liable for the franchisee's business decisions and operations. It reinforces the independent contractor relationship, where the franchisee is responsible for their own business conduct and financial obligations. Franchisees must understand that they operate independently and are responsible for all aspects of their restaurant's operation, without the ability to bind Del Taco to any obligations.