What written approvals are required from Del Taco for local advertising and promotion?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
and its designee are not obligated, in administering the marketing fee expenditures, to make expenditures for Franchisee which are equivalent or proportionate to Franchisee's contribution, or to ensure that any particular franchisee benefits directly or pro rata from such expenditures.
- 6.2 Local Advertising and Promotion. 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.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, a franchisee must obtain written approval from Del Taco before using any local advertising or promotional materials. Franchisees are required to submit samples of their advertising and promotion plans to Del Taco for review. Del Taco then has 15 days from receipt to provide written approval. If the franchisee does not receive written approval within that 15-day timeframe, Del Taco is considered to have disapproved the submitted materials.
This requirement ensures that all local advertising and promotion efforts align with Del Taco's brand standards and marketing strategies. It allows Del Taco to maintain control over its brand image and ensure consistency in messaging across all franchise locations. The FDD specifies that all local advertising must be in a medium, type, and format that Del Taco approves and must be conducted in a dignified manner while conforming to Del Taco's standards and all applicable laws.
Furthermore, the franchisee acknowledges that Del Taco owns the copyright to any advertising and promotional materials developed by or on behalf of the franchisee. The franchisee must also execute documents, and require its independent contractors to do the same, to give effect to this provision. This clause protects Del Taco's intellectual property and ensures that the brand retains control over its marketing assets.
This approval process extends to various aspects of advertising and promotional materials, including media selection, content, and overall presentation. Franchisees should factor in this review period when planning their local advertising campaigns to avoid delays. The written approval requirement is a standard practice in franchising, allowing franchisors to maintain brand consistency and protect their trademarks.