What is the Del Taco franchisee's obligation regarding the confidentiality of the Manuals and other manuals used in the Restaurant's operation?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.2 Confidentiality of the Manuals. Franchisee shall at all times treat the Manuals, any other manuals created for or approved for use in the operation of the Restaurant, and the information contained therein, as confidential, and shall use best efforts to maintain such information as secret and confidential, protect it from viewing by others, and treat the Manuals with the same degree of care as it would treat its most highly confidential documents. Franchisee shall not at any time copy, duplicate, record, or otherwise reproduce the foregoing materials, in whole or in part, nor otherwise make the same available to any unauthorized person.
- 9.3 Protection of the Manuals. The Manuals shall at all times remain the sole property of Del Taco and shall at all times be kept in a secure place on the Restaurant premises. Franchisee shall ensure that the Manuals are kept current and up to date; and, in the event of any dispute as to the contents of the Manuals, the terms of the master copy of the Manuals maintained by Del Taco at Del Taco's home office shall be controlling.
- 9.4 Revisions to the Manuals. Del Taco may from time to time revise the contents of the Manuals, and Franchisee expressly agrees to make corresponding revisions to its copy of the Manuals and to comply with each new or changed standard immediately upon receipt of such revision.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, franchisees have strict obligations regarding the confidentiality of the Manuals. Franchisees must treat the Manuals and any other manuals approved for use in the restaurant's operation, along with the information contained within, as confidential. This includes using their best efforts to keep the information secret, protecting it from being viewed by others, and handling the Manuals with the same level of care as their most confidential documents.
Specifically, Del Taco franchisees are prohibited from copying, duplicating, recording, or reproducing the Manuals, either in whole or in part, and from making them available to any unauthorized individuals. The Manuals remain the sole property of Del Taco and must be kept in a secure location on the restaurant premises. Franchisees are responsible for ensuring that their copies of the Manuals are current and up-to-date. In case of any discrepancies, the master copy maintained by Del Taco at its home office will be the controlling version.
Del Taco retains the right to revise the contents of the Manuals periodically, and franchisees must promptly update their copies and comply with any new or changed standards immediately upon receiving the revisions. This underscores the importance of maintaining the confidentiality and security of the Manuals to protect Del Taco's operational standards and proprietary information.