What must a Del Taco franchisee 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 receive written approval from Del Taco before using any advertising or promotional plans or materials. This approval process is detailed in Section 6.4 of the franchise agreement.
To obtain approval, the franchisee must submit samples of their proposed advertising and promotional materials to Del Taco in the manner prescribed by Del Taco. Del Taco then has fifteen (15) days from the date of receipt to review the submitted materials. If the franchisee does not receive written approval within this 15-day period, Del Taco is deemed to have disapproved the materials.
This requirement ensures that all local advertising and promotion aligns with Del Taco's brand standards and complies with applicable laws. Furthermore, the franchise agreement stipulates 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.