Under what circumstances can the Del Taco franchise agreement be modified, amended, or waived?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.5 No Waiver. This Agreement may not be amended or changed, nor may any provision be waived, except in writing signed by the parties.
Neither trade usage nor the course of conduct between Del Taco and Franchisee or between Del Taco and other franchisees shall modify this agreement.
- (k) The lease shall provide that no amendment of any of the foregoing provisions may take place without the written consent of Del Taco.
Source: Item 23 — RECEIPTS (FDD pages 59–325)
What This Means (2025 FDD)
According to the 2025 Del Taco Franchise Disclosure Document, the franchise agreement can only be modified, amended, or waived through a written agreement signed by both parties. Specifically, the document states that the agreement may not be amended, changed, or any provision waived unless it is in writing and signed by both Del Taco and the franchisee. This requirement ensures that any changes to the original agreement are formally documented and agreed upon by all parties involved, preventing misunderstandings or disputes.
Furthermore, the Del Taco FDD emphasizes that neither trade usage nor the course of conduct between Del Taco and the franchisee, or between Del Taco and other franchisees, will modify the agreement. This clause reinforces the importance of formal written amendments over informal practices or understandings. It clarifies that past behaviors or industry norms do not have the power to alter the terms of the franchise agreement.
In the context of leasing, the FDD also mentions that no amendment of specific lease provisions may occur without Del Taco's written consent. This stipulation is in place to protect Del Taco's interests and brand standards, ensuring that key aspects of the restaurant's location and operation remain consistent with the franchise's requirements. This provision underscores Del Taco's control over critical elements of the franchisee's operations, particularly those related to the physical premises and its compliance with brand standards.