According to the Development Agreement for Dicke
Dickeys_Barbecue_Pit Franchise · 2024 FDDAnswer from 2024 FDD Document
menu items; uniform standards, specifications and procedures for operations; quality and uniformity of products and services offered; procedures for inventory and management control; training and assistance; and advertising and promotional programs; all of which may be changed, improved and further developed by Dickey's from time to time;
WHEREAS, Dickey's identifies the System by means of certain trade names, service marks, trademarks, symbols, logos, emblems and indicia of origin, including, but not limited to, the mark "Dickey's Barbecue Pit" and such other trade names, service marks and trademarks as Dickey's may develop in the future to identify for the public the source of services and products marketed under these marks and under the System and representing the System's high standards of quality, appearance and service (collectively, the "Proprietary Marks"); and
WHEREAS, you wish to obtain the right to develop multiple Dickey's Barbecue Pit Restaurants (the "Restaurants" or "Franchised Businesses") under the System within the geographic territory described in this Agreement, under the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual undertakings and commitments set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1 GRANT
A. Dickey's hereby grants to you and you hereby accept, pursuant to the terms and conditions of this Agreement, the right and obligation to develop Restaurants solely within the geographic area described below (the "Territory"), such development rights to be exercised pursuant to Article 3.A and in accordance with the development schedule in Article 3.B (the "Development Schedule").
The Territory shall consist of the following "Markets":
| • Local Press Release | $500 |
|---|---|
| • ValPak Marketing Mailer | $1,550 |
| • Opening Kit | $500-$1,500 |
| • Paid Social Boost (on opening day + 2 Days) | $375 |
| • Paid Social Advertising (30 days) | $1,500 |
| • Billboard (if available) | $1,500-$3,500 |
- B. When you sign the last Franchise Agreement (defined below) required to fulfill the obligation for each Market, the Market will be deleted from the Territory and your territorial rights for the Market will be replaced by the Primary Area as defined in each Franchise Agreement in the Market.
Source: Item 23 — RECEIPTS (FDD pages 96–388)
What This Means (2024 FDD)
According to the 2024 Dickeys Barbecue Pit Franchise Disclosure Document, the Development Agreement grants the developer the right and obligation to develop restaurants within a specific geographic area, referred to as the "Territory". These development rights must be exercised according to a development schedule outlined in the agreement.
The Territory consists of defined "Markets," and the developer must adhere to the Development Schedule, which specifies the number of restaurants to be established and operational by the end of each designated development period. The developer is required to notify Dickeys Barbecue Pit in writing of the projected opening date for each restaurant required during the next development period.
Failure to meet the Development Schedule or the timelines for developing replacement restaurants constitutes a default under the Development Agreement. The term of the Development Agreement, along with all rights granted, expires on the last day of the final Development Period, but may be extended by Dickeys Barbecue Pit if extra time is granted for the last Development Period. After the agreement terminates, Dickeys Barbecue Pit retains the right to establish or license others to establish restaurants in the Territory, provided they do not infringe upon the protected territory of existing Dickeys Barbecue Pit restaurants as defined in their Franchise Agreements.