Does Del Taco have the right to direct all advertising programs?

According to Del Taco's 2025 Franchise Disclosure Document, Del Taco or its designee has the right to direct all advertising programs. This includes control over all aspects of the advertising, such as the concepts, materials, and media used, as well as the placement and allocation of these resources. This means that as a franchisee, you will not have complete autonomy over advertising strategies and must adhere to the guidelines set by Del Taco.

Del Taco uses the marketing fees it collects from franchisees for various advertising, marketing, and promotional activities. These activities are designed to enhance the image of the Del Taco system and can include media advertising campaigns, social media campaigns, direct mail advertising, market research, and the development of marketing materials. While these expenditures are intended to maximize general public recognition and acceptance of the Del Taco system, Del Taco is not obligated to ensure that each franchisee benefits directly or proportionally from these expenditures.

As a Del Taco franchisee, any local advertising and promotion you undertake must be approved by Del Taco. This includes the media, type, and format of the advertising, which must be conducted in a dignified manner and comply with Del Taco's standards and all applicable laws. Franchisees must submit samples of their local advertising plans and materials to Del Taco for written approval, and failure to receive approval within fifteen days is deemed a disapproval. Del Taco also retains ownership of any copyrights for advertising and promotional materials developed by or on behalf of the franchisee.

Del Taco may also make available advertising plans and promotional materials to franchisees at the franchisee's expense. These materials can include newspaper mats, coupons, merchandising materials, point-of-purchase materials, and direct mail materials. Del Taco also has the right to require that all advertising and promotional materials, signs, decorations, and paper goods bear Del Taco's proprietary marks and logos in the prescribed form, color, location, and manner.