Does Del Taco have sole discretion to approve or disapprove advertising materials?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
We oversee all advertising and promotional programs, with sole discretion to approve or disapprove the creative concepts, materials and media use in the programs and their placement and allocation. We generally work with an advertising agency in developing advertising for print, radio or television. Media coverage may be local, regional, or national. You may develop advertising materials for your own use, at your cost and according to our standards and requirements. We must approve any advertising materials in writing in advance of their use, including, without limitation, any website, home page, or other cyberspace content that you propose to place on the World Wide Web or other computer network, including without limitation, the use of our trademarks or trade names in any electronic media. If you do not receive written approval within 15 days after we receive the materials, you must consider us to have disapproved the materials. You may not use any advertising or promotional materials that we have disapproved.
We maintain a Social Media and Social Networking Policy which is more specifically contained in our Manuals. Del Taco franchisees should consider the terms of this policy prior to engaging in any online activity.
In all cases, we will have sole discretion and control over any profile(s) using or relating to the Marks, or that display the Marks, that are maintained on social media outlets, including without limitation Instagram, MySpace, Facebook, TikTok and X (formerly known as Twitter) or other similar outlets, that may exist in the future. We may use part of the marketing fee monies we collect under the Franchise Agreement to pay or reimburse the costs associated with the development, maintenance and update of the profile(s). We may (but are under no obligation to) establish guidelines under which you may establish profiles or otherwise establish a presence on the social media outlets. In that event, you must comply with the standards, protocols and restrictions that we impose on that use.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 31–38)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, Del Taco maintains complete authority over advertising and promotional initiatives. This encompasses the power to approve or reject creative concepts, materials, media usage, placement, and allocation. While franchisees can develop their own advertising materials at their own expense, these are subject to Del Taco's standards and require prior written approval. If a franchisee does not receive written approval within 15 days of submitting the materials, the materials are considered disapproved. Franchisees are prohibited from using any advertising or promotional materials that Del Taco has disapproved.
Del Taco also maintains sole discretion and control over any social media profiles that use or relate to their trademarks. While Del Taco may establish guidelines for franchisees to establish a presence on social media, franchisees must comply with any standards, protocols, and restrictions imposed by Del Taco.
This level of control is typical in franchising, as it allows Del Taco to maintain brand consistency and protect its image. However, it also means that franchisees have limited autonomy in their marketing efforts and must adhere to Del Taco's guidelines and approval processes. Franchisees should factor in these restrictions when assessing the franchise opportunity.