What is the franchisee's responsibility regarding the public image of the Del Taco system?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
Recognizing the value of advertising and marketing, and the importance of the standardization of advertising and marketing programs to the furtherance of the goodwill and public image of the System, the parties agree as follows:
- 6.2 Local Advertising and Promotion.
All local advertising and promotion by Franchisee shall be in such media, and of such type and format as Del Taco may approve; shall be conducted in a dignified manner; shall conform to such standards and requirements as Del Taco may specify; and shall comply with all applicable laws.
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.
Franchisee shall comply with all of Del Taco's written instructions, policies, procedures, and restrictions regarding advertising and marketing within the Protected Area, outside of Franchisee's Protected Area, and in areas that may be territories assigned to other Del Taco Restaurants or franchisees (including, without limitation, rules regarding honoring of gift certificates, stored value cards, and promotions).
- 5.23 Uniforms.
To promote a uniform System image, Franchisee shall require all of its Restaurant personnel to dress during business hours in the attire specified in the Manuals.
Franchisee shall purchase such attire only from approved suppliers.
- 5.29 System Modifications.
Franchisee acknowledges and agrees that from time to time hereafter Del Taco may change or modify the System as Del Taco deems appropriate, including to reflect the changing market and/or to meet new and changing consumer demands, and that variations and additions to the System may be required from time to time to preserve and enhance the public image of the System and operations of Del Taco Restaurants.
Del Taco's changes to the System may include the adoption and use of new or modified products, services, equipment and furnishings and new techniques and methodologies relating to the preparation, sale, promotion and marketing of food and beverage products and services, and new trademarks, service marks and copyrighted materials.
Notwithstanding the provisions and limitations of Section 5.9, Franchisee shall, upon reasonable notice, accept, implement, use and display in the operation of the Restaurant any such changes in the System, as if they were part of this Agreement at the time of execution hereof, at Franchisee's sole expense.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, franchisees play a crucial role in maintaining and enhancing the brand's public image. Del Taco emphasizes the importance of standardized advertising and marketing programs to foster goodwill. Franchisees must adhere to Del Taco's standards and requirements for all local advertising and promotion, ensuring it is conducted in a dignified manner and complies with all applicable laws. Franchisees cannot use any advertising or promotional materials without prior written approval from Del Taco.
Del Taco retains control over all advertising programs, including concepts, materials, and media. While franchisees contribute to marketing fees, Del Taco is not obligated to ensure that expenditures benefit each franchisee equally or proportionally to their contribution. This means that franchisees must align their local efforts with the broader strategies directed by Del Taco to maintain a consistent brand image. Franchisees are also required to comply with all written instructions, policies, procedures, and restrictions regarding advertising and marketing, both within and outside their protected areas, to avoid conflicts with other Del Taco restaurants or franchisees.
Furthermore, Del Taco may modify the System to meet changing consumer demands, and franchisees must implement these changes, which may include new products, services, equipment, and marketing techniques, at their own expense. This obligation ensures that all Del Taco restaurants adapt to maintain a consistent and appealing brand image. Franchisees must also ensure their restaurant personnel adhere to a uniform system image by wearing attire specified in the manuals and purchased from approved suppliers. By adhering to these guidelines, Del Taco franchisees contribute to the overall perception and success of the Del Taco brand.