Dickey's Barbecue Pit

18583 N. Dallas Parkway, Suite 120 DALLAS, TEXAS 75287

[email protected]

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Dickey’s Barbecue Restaurant, Inc. was formed on March 7, 1994, as a Texas corporation. Their principal place of business is 18583 N. Dallas Parkway, Suite 120, Dallas, Texas 75287.

We offer the opportunity to operate a Restaurant using the comprehensive and unique Dickey's Barbecue Pit business format system (the "System") under the franchise agreement you sign with us. A Restaurant operated under the System specializes in freshly prepared food featuring barbecued meats and is branded with the service mark (the "Mark") displayed on the cover page of this Disclosure Document. The System includes rights to use certain trade names, service marks, trademarks, symbols, logos, name and emblems, and indicia of origin, including the Mark and other trade names, service marks and trademarks 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"); as well as distinctive exterior and interior design, décor, color schemes, furnishings and equipment for Restaurant premises; confidential recipes, procedures, specifications and formulas for preparing food and beverage products and for operations; inventory and management control methods; initial and ongoing training and seminars; our Operations Manual and such other manuals, forms, written materials and directives as we designate for use in the Restaurant (the "Manuals"); and advertising and promotional services and assistance. We acquired our right to use and sublicense to franchisees the Proprietary Marks under a license agreement with DBP, our affiliate (see Item 13). The Restaurants utilize modern barbecue cooking technology and several proprietary concepts and recipes, including the barbecue sauce and spices. We believe that our distinctive offering of barbecue-style food, freshly prepared with high quality ingredients and proprietary recipes, served quickly at affordable prices and in a comfortable, friendly setting differentiates our brand from other barbecue restaurants. Our Restaurants offer dining where the customer places a protein order at the beginning of the service counter, selects side dishes while moving toward check out, and then picks up the completed order at the end of the counter. Most of the Restaurants are located within suburban shopping centers or in stand-alone buildings located on busy streets. Restaurants are also located in "non-traditional" venues such as food courts, convenience stores, sports stadiums, food trucks, large big-box retail outlets (such as a Walmart retail store) or within institutional settings where the Restaurant operator does not control access or hours of operation. We grant franchises for non-traditional venues, but we and our affiliates reserve the right to operate company-operated Restaurants in non-traditional venues. Non-traditional franchises are operated under the System, except as provided by the Non-Traditional Addendum attached as Exhibit J. We also grant franchises for Restaurants that operate from specially-designed motor vehicles containing both kitchen and serving facilities (“Mobile Unit Franchises”). If you operate a Mobile Unit Franchise you will sign the Non-Traditional Addendum attached as Exhibit J and the Mobile Unit Rider attached as Exhibit K. Our current business model for new franchises focuses on developing Restaurants in leased spaces of between 1,500 and 2,200 square feet located in shopping centers. This Disclosure Document also provides information on Restaurants opened in "non-traditional' venues and Mobile Unit Franchises. If you are considering opening more than one Restaurant, we may offer you the opportunity to sign a Development Agreement covering a defined area for development and specifying the number of Restaurants to be developed and opened according to a specific development schedule. The "developer" must sign the then current Franchise Agreement and pay an initial fee for each Restaurant opened under the development schedule. In each case the candidate must demonstrate to us that the resources necessary for Restaurant development in the desired geographic area are immediately available. The Franchise Agreement and Development Agreement are each referred to in this Disclosure Document as an "Agreement." Each Agreement may be signed with an individual or a group of individuals, but we require that a franchisee and a developer must create and maintain in good standing a separate business entity for operating its Restaurants, having its own employer identification number and engaging in no other business. You may elect to purchase an existing Restaurant from a franchisee, a third party or one of our Affiliates, including in circumstances where the Restaurant has been closed for some period of time. The terms of purchase and the transition of asset ownership and management of the Restaurant will vary from the transactions described in this Disclosure Document. We may, in our sole discretion and when business circumstances warrant, facilitate such a transaction by modifying or waiving certain terms and conditions of the Franchise Agreement for the transaction. The seller of the Restaurant and not the franchisor is solely responsible for the terms, conditions, representations and warranties associated with the purchase and sale of the Restaurant, and we do not act as a broker or reseller of the Restaurant.

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