What specific manuals are Del Taco Developers and their Affiliates required to keep confidential?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) The Developer and its Affiliates shall treat as and keep confidential the Standard Operating Procedures Manual, any other manuals or materials designated for use with the Del Taco System, and any other information Del Taco may designate from time to time for confidential use with the Del Taco System, as well as all other trade secrets, confidential information, knowledge and know-how concerning the construction or operation of the Restaurant imparted to, or acquired by, the Developer from time to time in connection with this Agreement.
The Developer acknowledges the unauthorized use or disclosure of that confidential information and trade secrets will cause incalculable and irreparable injury to Del Taco.
The Developer accordingly agrees that it shall not disclose (except to employees or agents that need access to the information in order to construct or operate the Restaurant) or use or permit the use of that information, in whole or in part, or otherwise make the same available to any unauthorized person or source.
Any and all information, knowledge and know-how about the Del Taco System; Del Taco's products, services, standards, specifications, systems, procedures and techniques; and any other information or material Del Taco may designate as confidential shall constituted confidential information for the purposes
of this Agreement. The Standard Operating Procedures Manual; any other manuals or materials designated for use with the Del Taco System; the knowledge concerning the logic, structure and operation of computer software programs that Del Taco authorizes for use in connection with the operation of the Restaurants; and all confidential information and trade secrets shall remain the sole property of Del Taco, and the Developer shall not acquire any right, title or interest in it by virtue of its authorization pursuant to this Agreement to possess and use the same.
- (d) The Developer shall cause each person actively involved in the management or operation of the business of the Developer or the operation of the Restaurant, at the time of his or her employment, to enter into a confidentiality agreement in the form required from time to time by Del Taco.
The Developer shall prevent any person from using, in connection with the operation of any restaurant, the Del Taco System or from operating any restaurant which offers Mexican food or looks like, copies, competes with, or imitates the Restaurant or any Del Taco restaurant or operates in a manner that seeks to serve the same customers as Del Taco or any franchisee of Del Taco, other than pursuant to an agreement with Del Taco.
If the Developer has reason to believe that any person has violated the provisions of the confidentiality agreement or this Section 17, the Developer shall notify Del Taco and shall cooperate with Del Taco to protect Del Taco against infringement or other unlawful use of the Del Taco System, including (without limitation) the prosecution of any lawsuits if deemed necessary or advisable by Del Taco.
Source: Item 23 — RECEIPTS (FDD pages 59–325)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, Developers and their Affiliates must keep several items confidential. This includes the Standard Operating Procedures Manual, any other manuals or materials designated for use with the Del Taco System, and any other information Del Taco may designate from time to time for confidential use with the Del Taco System. This also extends to all other trade secrets, confidential information, knowledge, and know-how concerning the construction or operation of the Restaurant imparted to, or acquired by, the Developer in connection with the Development Agreement.
Del Taco emphasizes the importance of this confidentiality, stating that unauthorized use or disclosure of such information and trade secrets will cause incalculable and irreparable injury to Del Taco. The Developer agrees not to disclose or use this information, except to employees or agents who need access to it for the construction or operation of the Restaurant, and even then, only as authorized by the Development Agreement.
Furthermore, any information, knowledge, and know-how about the Del Taco System, including Del Taco's products, services, standards, specifications, systems, procedures, and techniques, as well as any other information or material Del Taco designates as confidential, is considered confidential information. This also includes knowledge concerning the logic, structure, and operation of computer software programs that Del Taco authorizes for use in connection with the operation of the Restaurants. All of these confidential items remain the sole property of Del Taco, and the Developer does not acquire any rights to them beyond the authorization to possess and use them under the Development Agreement.
To ensure confidentiality, Del Taco requires the Developer to have each person actively involved in the management or operation of the business or the Restaurant to enter into a confidentiality agreement. This agreement must be in the form required by Del Taco from time to time. The Developer is also responsible for preventing any person from using the Del Taco System in connection with any restaurant that is not authorized by Del Taco or from operating any restaurant that competes with or imitates a Del Taco restaurant. If the Developer suspects any violation of the confidentiality agreement, they must notify Del Taco and cooperate in protecting the Del Taco System.