What procedures and terms must a Del Taco franchisee follow to receive written approval for advertising or promotional plans or materials?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
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 adhere to specific procedures to gain approval for local advertising and promotional materials. The franchisee is required to submit samples of their proposed advertising and promotional plans to Del Taco for review, following the franchisor's prescribed manner. Del Taco then has fifteen days from the date of receipt to provide written approval. If the franchisee does not receive written approval within this 15-day timeframe, Del Taco is deemed to have disapproved the submitted materials.
This approval process ensures that all local advertising aligns with Del Taco's brand standards and marketing strategies. It also clarifies that Del Taco retains ownership of any copyrights associated with advertising and promotional materials developed by or for the franchisee. The franchisee is obligated to ensure that they and their independent contractors execute any documents necessary to legally transfer copyright ownership to Del Taco.
This requirement is fairly standard in franchising, as franchisors need to maintain brand consistency across all locations. The 15-day turnaround gives Del Taco a reasonable amount of time to review and respond to franchisee proposals. Franchisees should factor this review period into their marketing timelines to avoid delays in launching local advertising campaigns. Furthermore, franchisees should be aware that they will not own the copyright to the advertising materials they develop, which may limit their ability to reuse those materials should they ever leave the Del Taco system.