Does Del Taco's standard construction package include requirements of the Americans with Disabilities Act (ADA)?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
Del Taco or its designee shall make available to Franchisee a copy of its standard construction package as modified from time to time, which may include plans and specifications, site criteria, and sample site plans, which Franchisee must adapt, at Franchisee's expense, for use at the site selected by Franchisee and a copy of Del Taco's specifications for the furniture, fixtures, furnishings, equipment, signs and all other property that Del Taco may specify for use in the Restaurant.
Franchisee acknowledges that such specifications shall not contain the requirements of any federal, state or local law, code or regulation (including those concerning the Americans with Disabilities Act (the "ADA") or similar rules governing public accommodations or commercial facilities for persons with disabilities), nor shall such plans contain the requirements of, or be used for, construction drawings or other documentation necessary to obtain permits or authorization to build a specific Restaurant, compliance with all of which shall be Franchisee's responsibility and at Franchisee's expense.
Franchisee shall adapt, at Franchisee's expense, the standard specifications to the Restaurant location, subject to Del Taco's approval, as provided in Section 5.1 below, which will not be unreasonably withheld, provided that such plans and specifications conform to Del Taco's general criteria.
Franchisee understands and acknowledges that Del Taco has the right to modify the architectural plans and specifications as Del Taco deems appropriate from time to time.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, the standard construction package provided by Del Taco does not include requirements for compliance with the Americans with Disabilities Act (ADA) or similar regulations. It is the franchisee's responsibility to ensure the restaurant complies with all federal, state, and local laws, codes, and regulations, including ADA requirements, at their own expense. This responsibility extends to the construction, design, and operation of the restaurant.
Before starting construction, the franchisee must employ a qualified, licensed architect or engineer, acceptable to Del Taco, to prepare preliminary plans and specifications based on Del Taco's site construction package. Del Taco's approval of these plans is limited to ensuring they meet the brand's standard image specifications and layout. The approval does not cover the franchisee's obligations regarding ADA or other legal compliance matters, which remain the franchisee's sole responsibility.
The franchisee is also responsible for obtaining all necessary zoning classifications, clearances, permits, and certifications required for the restaurant's construction and operation. They must provide copies of these documents to Del Taco upon request. Furthermore, the franchisee must employ a qualified licensed general contractor, acceptable to Del Taco, to complete all construction improvements. Del Taco may also require the franchisee to remodel the premises every seven years to keep up with current operational standards and image.