What is the scope of Del Taco's approval regarding the preliminary plans and specifications submitted by the franchisee?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.2.1 Franchisee shall employ a qualified, licensed architect or engineer who is acceptable to Del Taco to prepare, for Del Taco's approval, preliminary plans and specifications for site improvement and construction of the Restaurant based upon the site construction package furnished by Del Taco or its designee pursuant to Section 4.1, and as may otherwise be authorized by Del Taco due to the particularities of the site of the proposed location. Del Taco's approval shall be limited to conformance with Del Taco's standard image specifications and layout and shall not relate to Franchisee's obligations with respect to any federal, state and local laws, codes and regulations including the applicable provisions of the ADA regarding the construction, design and operation of the Restaurant, which subjects shall be Franchisee's sole responsibility.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, Del Taco's approval of a franchisee's preliminary plans and specifications is limited to ensuring that the plans conform to Del Taco's standard image specifications and layout for restaurants. This means Del Taco focuses on maintaining a consistent brand appearance and operational design across all franchise locations.
Del Taco's approval does not extend to the franchisee's obligations regarding federal, state, and local laws, codes, and regulations. This includes compliance with the Americans with Disabilities Act (ADA) concerning the construction, design, and operation of the restaurant. The franchisee is solely responsible for ensuring that the plans comply with all applicable laws and regulations.
Before starting any construction, the franchisee must employ a qualified, licensed architect or engineer acceptable to Del Taco to prepare the preliminary plans. The franchisee is also responsible for obtaining all necessary zoning classifications and clearances required by local laws. After obtaining these approvals, the franchisee must submit the final construction plans to Del Taco for approval. Once Del Taco approves the final plans, any changes or modifications require Del Taco's prior written permission; failure to obtain this permission constitutes a material default under the Franchise Agreement.