Can a Del Taco franchisee make additions, alterations, repairs, and replacements to the Restaurant without Del Taco's prior written consent?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
limiting the foregoing, Franchisee and all required personnel shall obtain and maintain all necessary and required licenses and certificates for food service and food handling as may be required by applicable local rules and regulations and/or the Manual, at Franchisee's sole expense.
- 5.8 Restaurant Maintenance. Franchisee shall at all times maintain the Restaurant in a high degree of sanitation, repair, and condition, and in connection therewith shall make such additions, alterations, repairs, and replacements thereto (but no others without Del Taco's prior written consent) as may be required for that purpose, including such periodic repainting or replacement of obsolete signs, furnishings, equipment, and decor as Del Taco may reasonably direct.
- 5.9 Remodeling. Del Taco shall have the right (the "Remodel Right") to require Franchisee to perform such remodeling, repairs, replacements and redecoration in and upon the premises and equipment as Del Taco may deem necessary and practical to bring the premises and equipment up to the then-current operational standards and image of Del Taco (an "Image Enhancement"). Del Taco may exercise its Remodel Right every seven years. Del Taco reserves the right to designate type and scheduling of the refurbishing, remodeling and/or renovation referred to above. If Franchisee at any time deems it necessary and practical to replace any equipment or repair or remodel the premises or take any similar action, Franchisee shall perform the replacement, repairs or remodeling in accordance with Del Taco's then-current standards and specifications and only after approval from Del Taco.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, a franchisee needs prior written consent from Del Taco to make additions, alterations, repairs, and replacements to the Restaurant, with some exceptions. Specifically, the franchisee is required to maintain the Restaurant in good condition and make necessary repairs, but any additions, alterations, repairs, and replacements require Del Taco's approval.
Del Taco also has the right to require franchisees to perform remodeling, repairs, replacements, and redecoration to keep the premises and equipment up to current standards. This is referred to as an "Image Enhancement," and Del Taco can exercise this right every seven years. The franchisor also reserves the right to designate the type and scheduling of these renovations.
Furthermore, franchisees must purchase and install all fixtures, furnishings, equipment, decor, and signs as specified by Del Taco. They cannot install any unapproved items without prior written consent. This extends to vending machines or coin-operated devices, which also require specific written approval from Del Taco. These stipulations ensure that all Del Taco locations maintain a consistent brand image and meet the franchisor's standards.