Is written approval from Del Taco required for all advertising or promotional plans or materials?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
All local advertising and promotion by Franchisee shall be in such media, and of such type and format as Del Taco may approve; shall be conducted in a dignified manner; shall conform to such standards and requirements as Del Taco may specify; and shall comply with all applicable laws.
Franchisee shall not use any advertising or promotional plans or materials unless and until Franchisee has received written approval from Del Taco, pursuant to the procedures and terms set forth in Section 6.4 below.
Franchisee shall comply with all of Del Taco's written instructions, policies, procedures, and restrictions regarding advertising and marketing within the Protected Area, outside of Franchisee's Protected Area, and in areas that may be territories assigned to other Del Taco Restaurants or franchisees (including, without limitation, rules regarding honoring of gift certificates, stored value cards, and promotions).
- 6.3 Costs of Local Advertising and Promotion.
As used in this Agreement, the term "Local Advertising and Promotion" shall consist only of the direct costs of purchasing and producing advertising materials (including, but not limited to, camera ready advertising and point of sale materials), media (space
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, franchisees must obtain written approval from Del Taco for all local advertising and promotional plans and materials. This requirement ensures that all advertising aligns with Del Taco's brand standards and legal requirements. Franchisees must submit samples of their proposed advertising to Del Taco for review, and approval must be received in writing. If Del Taco does not provide written approval within fifteen days of receiving the materials, the advertising is considered disapproved.
This approval process extends to the media, type, and format of the advertising, ensuring it is conducted in a dignified manner and complies with Del Taco's standards and all applicable laws. Franchisees are also required to adhere to Del Taco's written instructions, policies, procedures, and restrictions regarding advertising within their protected area, outside of it, and in areas assigned to other Del Taco restaurants or franchisees. This includes rules about honoring gift certificates, stored value cards, and promotions.
Del Taco may also provide franchisees with advertising plans and promotional materials at the franchisee's expense, including newspaper mats, coupons, merchandising materials, and direct mail materials. Del Taco retains ownership of any copyrights for advertising and promotional materials developed by or on behalf of the franchisee. This level of control is common in franchising to maintain brand consistency and protect the brand's image.