What information regarding partners must a Del Taco franchisee partnership provide to Del Taco, and how often?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
- 12.4 Conditions for Approval.
Del Taco shall not unreasonably withhold any consent required by Section 12.3.4 above; provided, that if Franchisee proposes to transfer its obligations hereunder or any interest in all or substantially all of the assets of the Restaurant, or if Franchisee or an owner proposes to transfer any direct or indirect interest in Franchisee, or if Franchisee or any owner proposes to undertake any transfer that is subject to Section 12.3, Del Taco shall have the right to require, among other things, any or all of the following as conditions of Del Taco's approval:
- 12.4.1 Franchisee shall comply with Del Taco's then-current transfer policies.
Franchisee and the proposed transferee shall provide Del Taco with all information and documents requested by Del Taco for its evaluation of the proposed transfer, transaction, and transferee, including the business and financial terms of the proposed transaction including the leases and/or any assignments, renewal or extension of the leases and any necessary landlord consents, financial and operational information regarding the proposed transferee, and evidence of any financing that may be required to complete the transaction and/or fund the transferee's operation after the transfer.
12.4.2 The transferor shall have executed a general release (which shall include a release from the transferor, Franchisee, Franchisee's owners, and guarantors), in a form satisfactory to Del Taco, of any and all claims against Del Taco and its affiliates, successors, and assigns, and their respective directors, officers, shareholders, partners, agents, representatives, servants, and employees in their corporate and individual capacities including claims arising under this Agreement, any other agreement between Del Taco and Franchisee or their affiliates, and federal, state, and local laws and rules.
12.4.3 The transferee of an owner shall be designated as an owner and each transferee who is designated as an owner shall enter into a written agreement, in a form satisfactory to Del Taco, agreeing to be bound as an owner under the terms of this Agreement as long as such person or entity owns any interest in Franchisee; and, if Franchisee's obligations were guaranteed by the transferor, the owner shall guarantee the performance of all such obligations in writing in a form satisfactory to Del Taco.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, if a franchisee proposes to transfer any direct or indirect interest in the franchise, Del Taco requires the franchisee and the proposed transferee to provide all information and documents that Del Taco requests for its evaluation of the proposed transfer, transaction, and transferee. This includes the business and financial terms of the proposed transaction, including leases, assignments, renewals, extensions, and any necessary landlord consents.
Del Taco also requires financial and operational information regarding the proposed transferee, as well as evidence of any financing that may be required to complete the transaction or fund the transferee's operation after the transfer. Additionally, the transferor must execute a general release of all claims against Del Taco and its affiliates.
Furthermore, the transferee of an owner must be designated as an owner and enter into a written agreement, in a form satisfactory to Del Taco, agreeing to be bound as an owner under the terms of the Franchise Agreement as long as such person or entity owns any interest in the franchisee. If the franchisee's obligations were guaranteed by the transferor, the owner must guarantee the performance of all such obligations in writing in a form satisfactory to Del Taco. The FDD does not specify a particular frequency, but this information is required when a transfer of interest is proposed.