What is initially defined as the Assigned Area for a Dickeys Barbecue Pit franchise?
Dickeys_Barbecue_Pit Franchise · 2024 FDDAnswer from 2024 FDD Document
described under this Agreement at or from any other location, except for catering and delivery services you are required to offer from your Restaurant in accordance with Dickey's policies and procedures.
FRANCHISE AGREEMENT Page 2 of 67
1.3 ASSIGNED AREA & PRIMARY AREA. The "Assigned Area" is initially the city/township/borough/incorporated town in which this address is located:
Prior to your designation and Dickey's acceptance of your proposed Restaurant location, Dickey's may grant to others Dickey's franchises providing the right to open and operate Restaurants within the Assigned Area. You acknowledge that the Assigned Area is large enough for you to locate, establish, and operate a Restaurant within such Assigned Area. At such time as you propose and Dickey's accepts your proposed Restaurant location identified by a specific street address within the Assigned Area so that it becomes the "Accepted Location," the Assigned Area shall automatically and without further writing be reduced to an area within a one (1)-mile radius of the Accepted Location and thereafter identified as the "Primary Area." Dickey's may request that you confirm the specific physical address of the Accepted Location in a writing provided, by or acceptable in form and substance, to Dickey's that you sign and deliver to Dickey's. When and if the Assigned Area converts to the Primary Area, Dickey's will identify the Primary Area on a map attached as Attachment F and will not establish and operate, or license or authorize any other party to establish or operate, a Dickey's Barbecue Restaurant within the Primary Area for the balance of the Term of this Agreement. Except as expressly limited by the previous sentence, Dickey's and its affiliates retain all rights with respect to Restaurants, the Proprietary Marks, the sale of similar or dissimilar products and services, and any other activities Dickey's deems appropriate whenever and wherever Dickey's desires.
Source: Item 22 — CONTRACTS (FDD pages 95–96)
What This Means (2024 FDD)
According to Dickeys Barbecue Pit's 2024 Franchise Disclosure Document, the Assigned Area is initially defined as the city, township, borough, or incorporated town where the restaurant's address is located. This means that when a franchisee signs the agreement, their exclusive territory is the entire municipality where their Dickeys Barbecue Pit will operate.
However, this Assigned Area is subject to change. Once Dickeys Barbecue Pit accepts the franchisee's proposed restaurant location, the Assigned Area automatically reduces to a Primary Area, which is a one-mile radius around the accepted location. This reduction occurs without any further written agreement. Dickeys Barbecue Pit may request written confirmation of the Accepted Location's physical address from the franchisee.
Prior to Dickeys Barbecue Pit accepting the proposed restaurant location, Dickeys Barbecue Pit retains the right to grant other franchises within the initially defined Assigned Area. This means that until a specific location is approved, another Dickeys Barbecue Pit could be opened in the same city or town. Once the Assigned Area converts to the Primary Area, Dickeys Barbecue Pit will identify the Primary Area on a map, which will be attached as Attachment F, and will not establish or authorize another Dickeys Barbecue Pit within that Primary Area for the remainder of the franchise term.