ITEM 1
1-153THE
"^RANCHIS''OR''^rHFS PREDECESSOR156 AND ANY
PARENTS. PREDECESSORS157 AND AFFILIATES158
The franchisor is Pigtails
& Crewcuts Franchise, LLC. This Offering Circulari59To simplify the language in
this disclosure document, the franchisor will be referred to in this
disclosure document will refer to Pigtails & Crewouts
Franchise, LLC as "we", "us", "our"
or "Company". This Offering Circular will refer to the person or
entity that buys the franchise from us1 2The person (or persons! who
signs a franchise agreement with us will be referred tQ in this
disclosure document163 as "you" or "your", and this term
lnefades164also applies_ta165 your partners if you are a
partnership, your members if you are a limited liability company, or your
shareholders if you are a corporation and to certain other partners involved in vour
business like guarantors, managers and operators
The
Franchisor167
Pigtails & Crewcuts
Franchise, LLC is a Georgia limited liability company that was organized on
December 18, 2002, although it did not transact any business until after the
Acquisition (sec bolow1.i682 0 02.169 Our corporate address is 1100 Old Ellis Road, Suite 1200, Roswell, Georgia 30076 and our telephone number is (770)
752-6800. Our agents for service of process are disclosed on Exhibit A to
this Offering Circular. I70,m
Our
History172
The first Pigtails &
Crewcuts salon was opened in August 2002 in Atlanta, Georgia by Adair Johnston
Enterprises, LLC f/k/a Pigtails & Crewcuts, LLC, a Georgia limited
liability company ("Adair Johnston") with a principal business
address of 3208 Paces Ferry Place,
� 1*71
Atlanta, Georgia 30305. The Pigtails & Crewcuts salon
was designed as a children''s specialty hair
salon 174that offers children''s haircuts, up dos, nail
and toe polishes, and which also sells novelties,
gifts, and cosmetic and private label hair care products for
children. 175In December 2002, one of the owners of Adair
Johnston decided to franchise the Pigtails & Crewcuts salon concept. To do
so, we-wefe''76Pigtails & Crewcuts Franchise. LLC177T
was178 formed, and Adair Johnston
assigned to us all right, title and interest in and to the trademarks, service
marks, logotypes and commercial symbols associated with Pigtails & Crewcuts
salons (see Item 13 of this Offering Circular). Subsequently, however,
our owners postponed plans to franchise the Pigtails &
Crewcuts salon (the "Salon") and we were dormant until
the acquisition described be4ew179Disclosure Document)180. Our only predecessor is Adair
Johnston. Adair Johnston never operated any other type of business (franchise or
otherwise). We have never operated a Salon nor
have we operated any other type of business (franchise or
otherwise).181
In November 2003, our owners
abandoned their plans to own and operate the franchise 3y3tem
the
Pigtails & Crewcuts concent . Instead, our owners wanted to concentrate on growing
the number of Salons they operated. To facilitate that decision, on November 6,
2003, all of our membership interests were sold to BCC Holdings, LLC, a Georgia
limited liability company, which was organized on September 18, 2003 solely to
acquire the185all of our'' 6 membership interests (the "Acquisition").
The purpose of the Acquisition was to allow new parties to concentrate on
franchising the Pigtails & Crewcuts salon concept. As part of the Acquisition,
we entered into a development agreement with Bewildered, LLC, a limited
liability company controlled by one of our former owners, for the development
of 20 Salons and in December 2005, BCC Holdings transferred all ownership
interests in us to its memberss187 who are now our
owners. As a result of the Acquisition, the Pigtails & Crewcuts
Salon operated by 188Adair Johnston^sjdoji189
was converted to a franchised location and in December
2005, Adair Johnston transferred its Pigtails & Crewcuts Salon to a now
Pigtails & Crewouts franchisee.
190 191
�
The
Franchise192
W� grant franchises for the operation
of a distinctive193 children''s specialty hair salon 194rthe
"Pigtails & Crewcuts SalonlsV or the "SalonfsV''L Neither we
nor any of OUT Owners or officers own and operate a Salon. We have not operated
anv other type of business (franchise or otherwise). We have not offered
franchises in any other line of business. t95We have no
affiliates that have offered franchises for- in this business or
any other line of business or that provide199. No
affiliate provides200 any services or products to the
franchise system20''pur franchisees20 .
You will he required to
operate vour Salon in accordance with the Franchise Agreement (Exhibit G) and OUT standards and
specifications. Our franchise includes the right to perform all services
and offer all products offered by or through Pigtails & Crewcuts Salons,
including haircutting, nail and toe polishes, up-dos, novelties, gifts,
customized birthday 204parties, and the sale of
cosmetic and private label hair care products for children. In connection with
our Salon concept, we have developed and designed various customized hair care
products which we sell not only under the Pigtails & Crewcuts brand but
also under other brands we may create and develop.
A typical Pigtails & Crewcuts Salon occupies
approximately 1,200 to 1,800 square feet of space that may be either owned by
you or leased from a third party. All Pigtails & Crewcuts Salons are
constructed to our specifications as to size, layout, decor, and the like. A
typical Salon has 4 styling chairs for children and 2 regular barber chairs,
however, each Salon must have at least 3 children''s chairs and 2 regular barber
chairs. A Pigtails & Crewcuts Salon may be either a freestanding building
or an in-line retail plaza space, but, in any event, ample parking, good
visibility and availability of prominent signage is a necessity.
Wo have created the Pigtails & Crowcuts205By operating a Salon, vou
have access to the elements of our206 franchise system that includos207like208
the common use and promotion of the "PIGTAILS & CREWCUTS" trade
name and other trademarks, trade names, service marks, logotypes, and other
commercial symbols we designate (collectively, the "Marks"),
procedures for inventory and management control, training, advertising,
promotional programs and ongoing assistance. At any time, we may add or delete
products and/or services, and you must follow suit. The Pigtails & Crewcuts
Salons use the method of operation, products, concept, format, style and trade
secrets developed, adopted, and approved by us. You will operate a Pigtails
& Crewcuts Salon as an independent business utilizing the Marks, business
concepts, support, guidance and materials developed by us. You will offer and
provide products and services to the general public under the terms and
conditions contained within the Pigtails &
Crowouts 209Franchise
Agreement (the "Franohisc Agreement") (Exhibit G to
this Offering Circular)210 and our confidential
operations manual (the "Operations Manual") that will be loaned to
you at the time of training. You may not 211offer ne-212other services or products
without our prior written approval. A franchisee should213
We
expect
prospective franchisees to214 have a minimum net worth of $150,000.
Pigtails & Crowouts franchisees
compete primarily with single-owner salons and salons and
haircutting chains that perform traditional harboring and hair styling
and related services. The target market for the
services and products offered at Pigtails & Crowouts Salons is
individuals of both sexes from age 1 through age 12. The hair
salon business is very competitive whioh i3 often driven by fierce
price
competition, however, we believe that we have created a niche market216
with the Pigtails & Crowouts system217 by
creating a specialty salon with a unique trade dress and
appearanec which is designed to cater to the needs of
young children and their parents that will be 218casily
^distinguishable from other hair salons.220 An
individual may own a franchise for investment purposes provided he or she
successfully completes training and has a full-time manager who also
successfully completes training. Prior business management experience is vital
for new franchisees, and prior salon management experience is highly desirable.
Prior business ownership experience also is highly desirable.
I
Competition
YpJl Will222 compete primarily with
single-owner salons and salons and haircutting chains that perform traditional
barbering and hair styling and related services. The target market for
the services and products offered at Pigtails & Crewcuts Salons is
individuals of both sexes from age 1 through age 12. The hair salon business is
very competitive which is often driven bv fierce price competition, however, we
believe that we have created a niche market 2 bv creating
a specialty salon with a unique trade dress and appearance which is designed
to cater to the needs of voung children and their parents that will be��
distinguishable from other hair salons.225
Industry-Specific
Regulations226
In addition to laws and regulations227You must comply a number
of federal, state and local laws228 that apply to establishing and operating businesses generally, the
Pigtails & Crewout3 franchises arc subject to various .
Additionally, you must comnly with
industry-specific231 federal, state and local government rcgulatiefts232lawj&,233 including those relating to
licensing of hair stylists and site location as well as public health and
safety codes and ordinances. You must acknowledge in the Franchise Agreement
that you will keep apprised of, and comply with, all applicable laws, including
the Americans with Disabilities Act, as amended. Many laws vary from jurisdiction
to jurisdiction. We encourage you to inquire about the laws, regulations and
ordinances which affect the operation of your Salon.