What is the length of the Dickeys Barbecue Pit franchise term for a Traditional Restaurant?

| TM/SN/RN/Disclaimer | Status/Key Dates | Full Goods/Services | Owner | |---------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------|--------------------------------| | BARBECUE" | 30, 2021 Registered: June 21, 2022 | | | | LEGIT. TEXAS. BARBECUE. SN: 90/271,185 RN: 6,860,237 Disclaimer "TEXAS. BARBECUE." | Registered Principal Register Int'l Class: 43 First Use: July 1, 2018 Filed: October 22, 2020 Published: March 30, 2021 Registered: June 21, 2022 | (Int'l Class: 43) Catering services; Restaurant and bar services, including restaurant carryout services. | Dickey's Barbecue Pit, Inc. | | DICKEY'S BARBECUE PIT SN: 87/002,549 RN: 5,233,678 | Registered Principal Register Intl'l Class 43 First Use: August 1, 2016 Filed: Apr. 15, 2016 Published: Oct. 04, 2016 Registered: Jun. 27, 2017 | (Int'l Class: 43) Restaurant, carry-out restaurant and catering services | Dickey's Barbecue Pit, Inc. | All affidavits and renewals required to maintain the federal registration of the above-identified Proprietary Marks have been filed. No application for the registration of the Proprietary Marks has been filed in any state.

Dickey's acquired from DBP the right to use and license the use of the Proprietary Marks and System under a perpetual license agreement between Dickey's and DBP. Under the license agreement, Dickey's is specifically permitted to sublicense the use of the Proprietary Marks to you provided that Dickey's use of the Proprietary Marks is limited to (i) the promotion and operation of Restaurants by Dickey's or its

licensees, the promotion, marketing and selling of franchises by Dickey's or its sublicensees, and any other use necessary or incident thereto and (ii) any other use approved in writing by DBP. Any other assignment or transfer of Dickey's rights under the license agreement requires the prior written consent of DBP. The license agreement cannot be modified without the written consent of Dickey's and DBP. Additionally, the license agreement is perpetual in duration, but it may be terminated if either Dickey's or DBP are in default under the license agreement and such default is not cured within 30 days of written notice of the same. A party is in default under the license agreement if (i) it breaches any covenant or agreement set forth in the agreement, (ii) it files or has filed against it a bankruptcy proceeding, (iii) a final non-appealable judgment in excess of $10,000 is taken against it without being satisfied within 30 days, (iv) it generally fails to pay its debts as they become due, or (v) it is legally dissolved. If the license agreement is terminated (i) Dickey's will no longer be entitled to utilize or license to new franchisees the right to use the Proprietary Marks, (ii) DBP will be entitled to use and license the Proprietary Marks, (iii) Dickey's must assign to DBP, upon DBP's request, Dickey's right, title and interest in and to all Franchise Agreements and (iv) any then-existing franchisee to whom the right to utilize the Proprietary Marks has been licensed may continue to utilize the Proprietary Marks until the expiration of the term of its Franchise Agreement and any renewal or option periods available or afforded to such franchisee at law or by agreement.

In addition to the Proprietary Marks disclosed in the table above, Dickey's acquired from The Dickey Foundation the right to use and license the use of The Dickey Foundation's name and logo under a charitable sales promotion and licensing agreement between Dickey's and The Dickey Foundation. Under the agreement, Dickey's is permitted to (i) sublicense the use of The Dickey Foundation name to franchisees of Restaurants for offering patrons an opportunity to make a donation to further The Dickey Foundation's purposes at the point of sale in Dickey's (and its franchisees') Restaurants and (ii) at our option, provide The Dickey Foundation a donation based on sales of certain menu items that we designate at our (and our franchisees') Restaurants. Dickey's must obtain The Dickey Foundation's prior written approval of all promotional materials before the promotional materials are disseminated or published. Dickey's will donate all proceeds from patrons from point of sales donations and may, at our option, donate a portion of sales from certain menu items that we designate to The Dickey Foundation. Except for advertising and marketing related to the promotions mentioned above, Dickey's may not use The Dickey Foundation name or logo. The charitable sales promotion and licensing agreement is perpetual in duration, but either party may terminate the agreement upon 60 days written notice to the other party. If the agreement is terminated, Dickey's may, for a period of 90 days following the termination, continue to distribute and dispose of materials bearing The Dickey Foundation name or logo provided that any proceeds generated from such use will be remitted to The Dickey Foundation. The agreement cannot be modified without the written consent of Dickey's and The Dickey Foundation.

Except for the agreements between Dickey's and DBP and Dickey's and The Dickey Foundation described above, there are no agreements currently in effect which significantly limit Dickey's rights to use or license the Proprietary Marks to you.

You are required to immediately notify Dickey's of any infringement or challenge to your use of the Proprietary Marks or claim by any person to any rights in any of the Proprietary Marks. You are not permitted to communicate with any person other than Dickey's, DBP and their counsel in connection with any such infringement, challenge, or claim. Dickey's and DBP have sole discretion to take such action as they deem appropriate and the right to exclusively control any litigation or Patent and Trademark Office or other administrative proceeding arising out of any infringement, challenge or claim or otherwise relating to any of the Proprietary Marks. You are required to execute any and all instruments and documents, render such assistance and do such acts and things as may, in the opinion of Dickey's and DBP's counsel, be necessary or advisable to protect and maintain Dickey's and DBP's interests in any

such litigation or Patent and Trademark Office or other administrative or other agency proceeding or to otherwise protect and maintain Dickey's and DBP's interest in the Proprietary Marks.

Dickey's will indemnify you against and reimburse you damages for which you are held liable in any proceeding arising out of your use of any of the Proprietary Marks, provided that your conduct with respect to such proceeding and use of the Proprietary Marks is in compliance with the terms of the Franchise Agreement.

Except as provided above, Dickey's is not obligated by the Franchise Agreement to protect any rights granted to you to use the Proprietary Marks or to protect you against claims of infringement or unfair competition with respect to them. However, although Dickey's is not contractually obligated to protect the Proprietary Marks or your right to use them, as a matter of corporate policy, DBP and Dickey's intend to defend the Proprietary Marks vigorously.

Dickey's may require you to discontinue or modify your use of any of the Proprietary Marks or to use one or more additional or substitute trade names, service marks, trademarks, symbols, logos, emblems, and indicia of origin if Dickey's, in its sole discretion, determines that such addition or substitution will be beneficial to the System. Dickey's will not reimburse you for your direct expenses associated with Dickey's requiring you to discontinue or modify any of the Proprietary Marks (including, your expenses of promoting modified or substitute trade names, service marks, trademarks, symbols, logos, emblems, and indicia of origin), or for any loss of goodwill associated with any modified or discontinued Proprietary Mark.

You are required to comply with Dickey's instructions in filing and maintaining the requisite trade name or fictitious name registrations and you must execute any documents deemed necessary by Dickey's or its counsel to obtain protection for the Proprietary Marks or to maintain their continued validity and enforceability. In addition, you may not directly or indirectly contest the validity of DBP's or Dickey's ownership in the Proprietary Marks.

Your rights to the Proprietary Marks granted in the Franchise Agreement are nonexclusive to you. Dickey's and DBP, therefore, have and retain, subject only to your rights in the Territory and in the Assigned Area (See Item 12), certain rights with respect to the Proprietary Marks, including the following rights:

• 1. To use and to grant other licenses for the use of the Proprietary Marks in addition to those licenses already granted to existing franchisees;
• 1. To develop and establish other systems using the Proprietary Marks or other names or marks and to use and to grant licenses or franchises thereto without providing any rights therein to you; and
• 1. To engage, directly or indirectly, through its employees, representatives, licensees, assigns, agents and others, at wholesale, retail or otherwise, in (i) the production, distribution, license and sale of products and services and (ii) the use in connection with such production, distribution, license and sale, of the Proprietary Marks and any and all trademarks, trade names, service marks, logos, insignia, slogans, emblems, symbols, designs, and other identifying characteristics as may be developed or used by Dickey's.

There are no currently effective material determinations of the U.S. Patent and Trademark Office, the Trademark Trial and Appeal Board or any state trademark administrator or court regarding the Proprietary Marks, nor are there any pending infringement, opposition or cancellation proceedings regarding the

Proprietary Marks. Further, there is no pending material federal or state court litigation regarding Dickey's use or ownership rights to the Proprietary Marks. There are no superior prior rights or infringing uses regarding the Proprietary Marks known to Dickey's which could materially affect your use of the Proprietary Marks.

ITEM 14 PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION

There are no patents or copyrights material to the franchise and Dickey's does not have any pending patent applications. There have not been any material determinations of the U.S. Patent Office, the U.S. Copyright Office or a court regarding any patent or copyright material to the franchise.

Dickey's claims a common law copyright, trade secret protection, and proprietary interests in the recipes, sauces, spice mixes and rubs, development and operating procedures and know-how contained in the Manuals or otherwise used in connection with the development and operation of the Restaurants. Dickey's will disclose to you confidential and proprietary information and trade secrets as part of the training program and the other services to be rendered by Dickey's ("Confidential Information"). You, your Owner/Operator, Investors, Management Group (if applicable), and all other persons affiliated with you are prohibited, during the term of your Agreement, and thereafter, from communicating, divulging or using for the benefit of any other person, persons, partnership, association, corporation or other entity any Confidential Information, knowledge, or know-how concerning the methods of development and operation of the Restaurants that may be communicated to you, your Owner/Operator or any other person affiliated with you, or of that they may be apprised by virtue of your development and operation of a Restaurant under the terms of any Agreement. You are permitted to divulge this Confidential Information only to your manager(s) of your Restaurant and such other personnel who must have access to it in order to operate your Restaurant. Neither you nor your Owner/Operator or any other person affiliated with you are permitted at any time, without Dickey's prior written consent, to copy, duplicate, record or otherwise reproduce such materials or information, in whole or in part, nor otherwise make the same available to any unauthorized person. Any and all information, knowledge, know-how, and techniques used in or related to the System that Dickey's communicates to you, your Owner/Operator or any other person affiliated with you, including the Manuals, recipes, sauces, plans, and specifications, marketing information and strategies and site evaluation and selection guidelines and techniques, are deemed Confidential Information for purposes of the Agreements.

At Dickey's request, you must require any person who has an ownership interest in you or who otherwise has or will have access to any Confidential Information of Dickey's, to execute and deliver to Dickey's an agreement by which the signatory covenants and agrees to maintain the confidentiality of the information received by such person or entity in connection with their relationship with Dickey's.

If you or your Owner/Operator develop any new concept, process, or improvement in the operation or promotion of a Restaurant, you are required to promptly notify Dickey's prior to implementation and provide Dickey's with all necessary related information, without compensation. Dickey's may approve any such new concept, process or improvement prior to implementation. You and your Owner/Operator acknowledge that any such concept, process, or improvement will become the property of Dickey's and Dickey's may use or disclose such information to other franchisees or developers as it determines to be appropriate.

Except as disclosed in this Item 14, there are no present agreements which limit the use of any patent, patent application or copyright material to the franchise. Dickey's is not obligated to protect any patent or copyright, nor does Dickey's have any contractual obligation to defend its franchisees against any claims arising from a franchisee's use of patented or copyrighted materials.

Dickey's is not aware of any claims of any patent or copyright infringement which could materially affect you.

ITEM 15 OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS

You must designate and retain an individual to serve as the "Owner/Operator" under the Franchise Agreement. You must designate your Owner/Operator at the time you sign the Franchise Agreement. The Owner/Operator must meet the following qualifications:

As a corporation, limited liability company, limited partnership, sole proprietorship, or any other Entity, the Owner/Operator will, at all times during which he or she serves as Owner/Operator: (i) directly or indirectly hold an ownership interest of 20% or more in the Entity; (ii) work on a "full time" basis in your Restaurant; and, (iii) be fully authorized, directed and entitled to manage and control the day-to-day business affairs of the Restaurant and to take any action that you are required to take or omit to take under the Franchise Agreement, all in such Owner/Operator's sole discretion, and without the approval or joinder of any person or entity.

Dickey's only permits one person to serve as the Owner/Operator under a Franchise Agreement. The Owner/Operator is required to execute the Franchise Agreement and is bound by all of the obligations of the Franchise Agreement. You may not change your Owner/Operator without Dickey's prior written consent. The Owner/Operator is required to successfully complete Barbecue University as part of Dickey's Training Program.

Dickey's requires that the Owner/Operator participate in the on-premises supervision of your Restaurant(s) on a full time basis. Full time is considered to be at least 40 hours per week in your Restaurant or other Restaurant under a Franchise Agreement with Dickey's. The Owner/Operator will be Dickey's sole point of contact with regard to franchise matters.

In addition to the Owner/Operator, you must appoint at least two managers per Restaurant to assist in the day-to-day management and supervision of each such Restaurant. Each manager must be appointed in a timely manner in order to satisfy each manager's initial training obligation under the Franchise Agreement, and must devote full time and best efforts to the daily management and supervision of your Restaurant. Managers are not required to have any equity interest in the franchise.

The Owner/Operator and each manager must meet any other of Dickey's standards and criteria for such positions, as set forth in the Manual or otherwise in writing by Dickey's. These standards and criteria may be revised from time to time in Dickey's sole discretion.

The Owner/Operator and any manager must satisfy the training requirements set forth in the Franchise Agreement. If, during the term of the Franchise Agreement, the Owner/Operator or any manager is not able to continue to serve in such capacity or no longer qualifies to act as such under the Franchise Agreement, you must promptly notify Dickey's and designate a replacement within 30 days after the Owner/Operator or manager ceases to serve. Any replacement will be subject to the same qualifications listed above, including training requirements. You must provide for interim management of your Restaurant until a replacement is designated, and this interim management must be conducted in compliance with the Franchise Agreement.

You are required to retain such additional managers and other persons as Dickey's deems necessary for the operation and management of your Restaurant. All such personnel must satisfy Dickey's educational

and business criteria as provided to you in the Manuals or otherwise and must be individuals acceptable to Dickey's. These individuals must also satisfy the applicable training requirements set forth in the Franchise Agreement and the Manuals.

If you own more than 2 Restaurants (or one or more Restaurants and 2 or more other businesses as approved by Dickey's), you are considered a multi-unit operator and in lieu of appointing an Owner/Operator, we and you must sign an addendum to the Franchise Agreement under which you must appoint a Director of Operations. Any individual that will be designated as the Director of Operations must (i) hold an ownership interest of 5% or more in your equity, (ii) attend, and complete to Dickey's satisfaction, all required training programs and be certified as typically required of an Owner/Operator as provided in Article 9 of the Franchise Agreement, and (iii) work on a "full time" basis in your Restaurant(s). Dickey's may also require you to hire a District Manager (or multiple District Managers) to oversee the operations of a subset of your Restaurants.

Under the Franchise Agreement and the Manuals, at Dickey's request, you will require and obtain from your Owner/Operator, and other person or entity affiliated with you who has received or will receive Confidential Information or training from Dickey's, the execution of covenants not to compete and to maintain the confidentiality of information they receive as part of their employment, management or ownership relationship with your Restaurant. These covenants must be similar to those set forth in Article 18 of the Franchise Agreement. The form of Confidentiality and Non-Competition Agreement we prescribe is attached to this Disclosure Document as Exhibit G.

Each person who owns an equity interest in you, including the Owner/Operator, is required to jointly and severally guaranty payment and performance of your obligations to Dickey's. An "equity interest" means ownership of common stock if you are a corporation, a partnership interest in a partnership, a membership interest in a limited liability company, and a trust beneficiary interest of a trust. The guarantees are binding on the guarantors, their respective personal representatives (guardians, conservators, executors and administrators), heirs and legatees under Article 21 of the Franchise Agreement.

ITEM 16 RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL

You must use your Restaurant's premises solely for the operation of the Restaurant. You must maintain business hours for your Restaurant as provided for in the Manuals or as we may specify in writing. You may not use or permit the use of the premises for any other purpose or activity at any time without first obtaining our written consent. You may conduct business only with customers at your Restaurant and any catering or delivery operations we authorize you to conduct. (See Items 8 and 12)

You are required to meet and maintain the highest health standards and ratings applicable to the operation of the Restaurant. You must furnish to Dickey's, within three days after receipt, a copy of any inspection report, warning, citation, certificate, rating and any other document issued by any federal, state, local or other administrative agency, instrumentality or organization with respect to the health or safety conditions of your Restaurant.

To ensure that the highest degree of quality and service is maintained, you must operate your Restaurant in strict conformity with such methods, standards and specifications as required by law and as Dickey's may prescribe in the Manuals or otherwise in writing. You must maintain in sufficient supply and use and sell at all times only such food and beverage items, ingredients, products, materials, equipment, supplies and paper goods that conform to Dickey's standards and specifications and that are acquired from vendors or suppliers approved by Dickey's; prepare all menu items in compliance with Dickey's recipes and procedures for preparation contained in the Manuals or other written directives, including the

prescribed measurements of ingredients; and refrain from deviating from Dickey's standards and specifications by the use or offer of non-conforming items or differing amounts of any items, without Dickey's prior written consent. You are required to sell and offer for sale only such menu items, products and services as have been expressly approved for sale in writing by Dickey's; to refrain from any deviation from Dickey's standards and specifications without Dickey's prior written consent; and to discontinue selling and offering for sale any menu items, products or services which Dickey's may, in its discretion, disapprove in writing at any time. (See Item 8). Dickey's may discard of any food product, without compensation to you, during any on-site inspection, if such food product does not meet Dickey's standards and specifications.

You must offer for sale and sell at the Restaurant all menu items and other designated products and services (including gift cards) required by Dickey's and to provide such products and services in the manner and style prescribed by Dickey's, including dining-in, catering and carry-out services. Dickey's has the unlimited right to add, alter or discontinue the types of authorized goods and services which you may offer. You do not have the right to change the menu items and other designated products and services which you are required to offer and sell at your Restaurant. If one or more required menu items are not available for sale in your Restaurant, Dickey's may direct its approved vendor(s) to deliver, at your expense, a reasonable quantity of the required menu item(s) based upon the sales volume of your Restaurant. To the fullest extent allowed by law, we may regulate the maximum, minimum, or other prices you charge for your products and services, including your acceptance, redeeming, and applying of any coupons or other discount promotions that Dickey's requires. Subject to the general policies and procedures set forth in the Manuals or otherwise announced by Dickey's (and specifically including periodic promotions) you have sole discretion as to the prices to be charged to customers for the offer and sale of any menu items, products, merchandise, and services.

Dickey's has developed and will continue to develop for use in the System certain products which are prepared from highly confidential secret recipes and which are trade secrets of Dickey's. Because of the importance of quality and uniformity of production and the significance of such products in the System, it is to the mutual benefit of the parties that Dickey's closely control the production and distribution of such products. Accordingly, if such products become a part of the System, you must use only Dickey's secret recipe products and must purchase solely from Dickey's or from a source designated by Dickey's all of your requirements for such products.

Dickey's will make available at a reasonable cost and, at its option will require you to purchase from Dickey's for resale to your customers certain promotional merchandise identifying the System such as prepackaged barbecue sauce, chips, rolls and other food items, gift cards, T-shirts, sweatshirts, caps, and watches, in amounts sufficient to meet your customers' demand.

You are required to maintain competent, conscientious, and trained personnel to operate your Restaurant in compliance with the Franchise Agreement and the Manuals and to take such steps as are necessary to ensure that your employees preserve good customer relations, comply with such dress code and/or wear uniforms as Dickey's may prescribe in the Manuals or otherwise and observe reasonable standards of grooming and cleanliness.

Dickey's does not restrict your solicitation of customers. All advertising and promotion by you in any medium must conform to the standards and specifications of Dickey's set forth in the Manuals or otherwise and all advertising and promotional plans and materials must be approved by Dickey's prior to your use of such plans and materials.

You must, at your sole cost and expense, cause your Restaurant to participate in the philanthropic, community, and charitable causes that Dickey's requires for the purpose of enhancing the goodwill,

presence and reputation of the Proprietary Marks and the System, including as a part of marketing promotions or otherwise. These causes may involve The Dickey Foundation or other causes directed by Dickey's in Dickey's sole discretion. You may not cause your Restaurant to participate in any philanthropic, community or charitable cause without Dickey's prior written approval.

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ITEM 17 RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION

This table lists certain important provisions of the franchise and related agreements. You should read these provisions in the agreements attached to this Disclosure Document.

| a. Length of the | Article 2/ 20 years | for Traditional Restaurants | or 10 years for Non- |

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 77–84)