THE FRANCHISOR �A^������������������������������� PREDECESSORS AND AFFILIATES
To simplify the language in
this FDD, the words "All American, company, we, our and us" refer to
"All American Specialty Restaurants, Inc.," the franchisor.
"You" means the person or entity who buys the franchise. If the
franchise is a corporation, partnership, or other entity, "you"
includes the franchisee''s owners. To fully understand all your and our rights
and obligations to each other, you must still carefully review the actual
agreements that you will execute. These will control if there is any dispute
between us.
The Franchisor''s
Business and Its Affiliates
We have established and
continue to operate and develop a chain of shops known as "All American
Ice Cream and Frozen Yogurt Shops�" and/or "All American Deli Ice
Cream� and design" and Serrinos� Coffee Shops and/or Serrinos� Cafes which offer food,
beverages and other menu items for a combination of on-premises consumption and
carry-out. Each concept is the same other than if the branding and positioning
to the consumer is a dessert, deli or coffee oriented shop, the franchisee can
choose the name appropriate to its positioning (i.e. either All American Deli
Ice Cream� or an All American Ice Cream and Frozen Yogurt Shop� or Serrinos� Coffee or Serrinos� Cafe). However, an All
American cannot add a Serrinos� concept, and a Serrinos� concept cannot add an All
American concept.
We offer a franchise which
gives you the right to operate a shop from a single location within a specified
territory or a Co-Location/Mini Store in accordance with our standards and
procedures. The Co-Location/Mini Store franchise is granted pursuant to the
Addendum for Co-Location/Mini Stores, Exhibit 2.1 of the Franchise Agreement, which is attached to this
FDD. The co-location concept provides licensing for an operation in an existing
non-company restaurant operation with a compatible use (such as a pizza
restaurant). The co-location concept allows any one of the 3 named concepts. The territory size for each store may
vary. We reserve the right to sell equipment to franchisees at a modest profit.
We also have an Area Subfranchisor Agreement under which a Subfranchisor has
the right to subfranchise single units of each of the All American concepts to
unit franchisees by paying our per capita fee of between 6 cents and 3
cents
(depending on the size of the territory) for each member of the defined
population within the "territory." Any Area Subfranchisor will be
required to comply with the registration and disclosure requirements of the
State in which the Subfranchisor''s Area is located before it can offer subfranchises.
Subfranchisees have a direct relation with the Area Subfranchisor.
You will compete with similar
type shops. The market for your services will be the general public unless your
shop is located at a non-traditional site in which case you may be limited to
people frequenting the facility.
All American and
Predecessor
We incorporated on January 31, 1986. We do business as "All American Ice Cream and.
Frozen Yogurt Shops�" and/or "All American Deli Ice Cream� and
design" and/or Serrinos� Coffee and/or Serrinos� Caf� and have developed a
co-location concept described above which will also use the Sertinos� Coffee
and/or Sertinos� Cafe concept with either of the above named concepts. We are
not affiliated with any other entity, nor do we have a predecessor entity. The
principal business address of All American is 812 S.W. Washington Street, Suite
1100, Portland, Oregon 97205.
Special Industry
Regulations
In addition to laws and
regulations that apply to businesses generally, the Franchised Business is
subject to federal, state and local occupational health and safety regulations,
as well as licensing requirements for health permits. You should also be aware
of federal, state, and local labor regulations including minimum-age and
minimum wage laws. These requirements may apply to your business. The details
of these restrictions vary from place to place.
Our Prior
Business Experience
We have operated, offered and
sold All American Ice Cream and Frozen Yogurt Shops� since July 1986. The use
of All American Deli Ice Cream� and design as a trade name was begun in 2001.
The use of Sertinos� was begun in 2006. Except as described above, All American
has not offered franchises in any other lines of business. We have never
engaged in or offered franchises in any business other than offering and
selling All American Ice Cream and Frozen Yogurt Shops�, All American Deli Ice
Cream� and design franchises, and/or Sertinos� Cafes and/or Sertinos� Coffee
Shops. We are not affiliated with any other entity. We currently have, as of
December 31, 2007, 17 Shops in operation, all of which are franchised and none
of which are company operated.
Agent For
Service Of Process
Our agent for service of process is disclosed in Exhibit A.
