What is a Del Taco franchisee required to do before using any advertising or promotional plans or materials?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall not use any advertising or promotional plans or materials unless and until Franchisee has received written approval from Del Taco, pursuant to the procedures and terms set forth in Section 6.4 below.
- 6.4 Approvals. For all proposed Local Advertising and Promotion, Franchisee shall submit samples of such plans and materials to Del Taco in the manner that Del Taco prescribes, for Del Taco's review and prior written approval (except with respect to prices to be charged by Franchisee). If written approval is not received by Franchisee from Del Taco within fifteen (15) days of the date of receipt by Del Taco of such samples or materials, Del Taco shall be deemed to have disapproved them. Franchisee acknowledges and agrees that any and all copyright in and to advertising and promotional materials developed by or on behalf of Franchisee shall be the sole property of Del Taco, and Franchisee agrees to execute such documents (and, if necessary, require its independent contractors to execute such documents) as may be deemed reasonably necessary by Del Taco to give effect to this provision.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, a franchisee must obtain written approval from Del Taco before using any advertising or promotional plans or materials. The franchisee needs to submit samples of their proposed local advertising and promotion plans to Del Taco for review. Del Taco then has 15 days from receipt to provide written approval. If the franchisee doesn't receive written approval within that 15-day timeframe, Del Taco is considered to have disapproved the materials.
This requirement ensures that all advertising and promotional efforts align with Del Taco's brand standards and marketing strategies. It allows Del Taco to maintain control over its public image and the messaging used in its advertising. This is a common practice in franchising, where brand consistency is crucial for maintaining customer recognition and trust.
Furthermore, the FDD states that any copyright in advertising and promotional materials developed by or on behalf of the franchisee becomes the sole property of Del Taco. The franchisee must also ensure that their independent contractors execute documents necessary to give effect to this provision. This clause underscores Del Taco's ownership and control over all advertising and promotional content associated with the brand, regardless of who creates it.
This requirement has significant implications for a prospective franchisee. It means they cannot independently launch advertising campaigns without prior approval, potentially slowing down their marketing efforts. Franchisees need to factor in the 15-day approval window when planning their local advertising and promotion activities. Additionally, franchisees must be aware that any creative work they commission for advertising purposes will ultimately belong to Del Taco.