Is Del Taco responsible for any loss or inaccuracy of data caused by BAMS?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
DEL TACO SHALL HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEL TACO WILL NOT BE RESPONSIBLE FOR ANY LOSS OR INACCURACY OF DATA CAUSED BY BAMS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO CLAIMS BY EMPLOYEES OF FRANCHISEE, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
Source: Item 23 — RECEIPTS (FDD pages 59–325)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, Del Taco will not be held responsible for any data loss or inaccuracies caused by BAMS (presumably, Back office and Management System). The document states that Del Taco has no liability for consequential, exemplary, special, incidental, or punitive damages related to its obligations or otherwise, even if they have been advised of the possibility of such damages.
This limitation of liability extends to all causes of action, including claims by employees, breach of contract, breach of warranty, negligence, and strict liability. This means that if a Del Taco franchisee experiences data loss or inaccuracies due to BAMS, they cannot seek damages from Del Taco for any resulting losses, such as lost profits or other financial harm.
This type of disclaimer is relatively common in franchise agreements. Franchisees should be aware of this limitation and take steps to protect their data, such as regularly backing up their systems. Franchisees may want to consider obtaining their own insurance coverage to protect against potential losses due to data inaccuracies or system failures.