To whom must the Del Taco franchisee submit final construction plans after obtaining zoning approvals?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, after a franchisee obtains the necessary zoning approvals and clearances, they must submit final construction plans to Del Taco for approval. Del Taco's review is specifically limited to assessing whether the plans comply with Del Taco's design standards for restaurants.
This means a prospective Del Taco franchisee needs to factor in the time required for Del Taco to review and approve these plans. Any delays in this process could potentially impact the restaurant's opening date. Furthermore, franchisees must ensure their plans align with Del Taco's standards to avoid potential rejections and revisions.
Once Del Taco approves the final plans, the franchisee cannot make any changes or modifications without prior written permission from Del Taco. Making unauthorized changes can lead to a material default under the Franchise Agreement, and Del Taco can withhold authorization to open the restaurant until the changes are rectified to their satisfaction. This underscores the importance of adhering strictly to the approved plans and communicating any necessary changes to Del Taco in advance.
This requirement is fairly standard in the franchise industry, as franchisors typically want to ensure brand consistency and adherence to their established design and operational standards. Franchisees should carefully review Del Taco's design standards and specifications to ensure their plans comply and to minimize the risk of delays or disputes during the construction process.