What level of care is a Del Taco franchisee required to exercise in protecting the confidentiality of the Manuals?
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.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, franchisees must treat the Manuals (and any other manuals approved for restaurant operation) as confidential. This obligation extends to all information contained within these manuals. Del Taco requires franchisees to use their "best efforts" to maintain this confidentiality, securing the information and preventing unauthorized access.
Specifically, Del Taco mandates that franchisees protect the Manuals with the same level of care they would apply to their own most highly confidential documents. This standard implies a significant responsibility to safeguard the Manuals from disclosure. Franchisees are explicitly prohibited from copying, duplicating, recording, or reproducing the Manuals in any way, whether in whole or in part, and from making them available to any unauthorized individuals.
Del Taco retains sole ownership of the Manuals, requiring franchisees to keep them in a secure location on the restaurant premises and ensure they are current. In case of any discrepancies, the master copy maintained by Del Taco at its home office will be the controlling version. Failure to comply with these confidentiality requirements can result in significant penalties, as disclosing the contents of the Manuals is grounds for termination of the franchise agreement.