Cold Stone President Frigidly Responds to WSJ Article
SCOTTSDALE (Blue MauMau) - Cold Stone Creamery went into damage control today in an effort to reach out to franchisees and rally back their support for the franchise system. President Chris Prasifka stated in his letter, "Today, the Wall Street Journal published a critical article detailing a period of explosive growth in Cold Stone Creamery's history, as well as some of the current challenges and opportunities the brand is experiencing."
In his article, Richard Gibson, a special writer for Dow Jones Newswire, reported how franchisees are overwhelmed with soaring costs and shrinking profits in running their ice cream shops. Many contend that the Cold Stone's business model does not add up, and the cost of running a franchise is sending many into financial disaster and for some bankruptcy. They also feel that Cold Stone's rapid growth contributed to its problems.
But more than that, operators, past and present, stated that they were misled by Cold Stone when buying their franchise, by giving them unrealistic or inaccurate revenue numbers on existing stores. The company denies those accusations, saying that they do not give profit potential to prospective franchisees.
Cold Stone does admit in the WSJ article that more than 100 of its stores closed last year, which is up from 60 in 2006. One web site, according to the report, showed that 303 stores were for sale, but a spokesperson for Cold Stone excuses it as "par with industry expectations" given the economically challenging times.
But in Prasifka's letter to franchisees today he states, "First and foremost, I want you to know that our entire team here at Kahala recognizes the struggles some of you are facing." Kahala Corp., parent to Cold Stone, Blimpie and Taco Time, purchased the ice cream chain in 2007. Prasifka tells franchisees that the average unit volume is flat, labor and commodity costs are rising, and the U.S. economy is experiencing a downturn.
But in giving encouragement, he reflects back on the company's previous top priority, related to franchisees at Cold Stone's Annual Business Meeting in January. He reminds them that their priority is "growing same store sales and achieving system wide Average Unit Volume of $500,000."
Franchisee Feels Prasifka's "Feel-Good" Letter Falls Short
But in an interview today Cecil Rolle, a former three-store franchisee in Florida, said Prasifka's response is a feel good letter that falls far short in addressing the real concerns here. "He attempts to lay these issues at the feet of the economy." In making his point, he adds, "I owned three stores--two did $500,000 in sales and the other did $400,000. Therefore each of my stores were operating well above the average, yet we were unable to turn a profit." Rolle said that has nothing to do with the economy. He thinks the problems are due to a faulty business model and he says Cold Stone knows that.
But he also said that in spite of a large number of stores being unprofitable and failing, Cold Stone Creamery continue to sell to prospective franchisees on their own website based on statements such as "profit by making people happy" and " "Cold Stone’s franchise opportunities are about as solid as they come." Rolle said that strikes him as fraudulent, aside from the fact that they state in their UFOC that the company makes no statements as to a franchisee's profitability.
Another issue that Rolle feels Prasifka fails to address is Cold Stone's agreements to receive kickbacks from the companies that it requires franchisees to use. He said, "It would have gone a long way towards ameliorating the concerns for franchisees had he stated they would discontinue this practice. These fees are over and above the 9% that they charge franchisees based on gross sales." Rolle says these agreements drive up food costs for franchisees and forces them out of business.
As an example he says, "I recently purchased 24-24oz. Pepsi bottles from Sam's Club for $14.21. Yet as a franchisee, I was required to buy 20oz. bottles directly from the distributor. I believe I was paying $21.65 for 24-20oz bottles of the very same product. Therefore I was paying more than $7 more for product from the distributor and receiving 96 less ounces."
He then asks, "Shouldn't a franchisor negotiating on behalf of nearly 1,400 franchisees be able to negotiate a better price than I can get walking into my local wholesaler? " Rolle said Chris Prasifka never offered to return any of that money to the franchisees or to discontinue this practice.
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- Franchise topic:

resource prior to buying the franchise, you wouldn't be in this predicament.
That goes for almost all buyers of franchises today - especially the newer franchises.
--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
When franchise problems are linked from the front page of a premier search engine, (http://articles.moneycentral.msn.com/Investing/Extra/ColdStoneFranchiseesFeelChill.aspx) then we know the issue has gained real public interest.
For years I've scratched my head in wonder over people paying $4-5 for an ice cream and having to make a special trip just to get it. Where do these types of businesses belong? They belong in select communities with deposable incomes sufficient to support the 'snob factor'.
Now, I have no issue with high brow businesses, but snob factors are a pretty good indication that franchising should not be a growth path. Franchising is generally for the masses - the antithesis of snobbery.
While I have wondered why people would frequent such businesses in ‘regular neighborhoods, I have never wondered why they eventually go south. Add in a struggling economy and the trip south is even faster. (It looks like coffee is boarding the train as well.)
(BTW, on a related subject, I am NOT a fan of franchisor/supplier kick backs, and advise against that practice. Value added items are one thing, but straight up kick backs do not good franchise relationships make.)
Nick Bibby is a franchise consultant and principal of the Bibby Group.
Nick Bibby founded BibbyGroup.com, an organization dedicated to franchise and entrepreneurial excellence.
In December, 2005 there was a large thread about CS and its obvious distress.
You can access the thread and summary here.
There was ample evidence the CS's business model was failing and getting worse.
Will it get better, I doubt it. Just update the financial analysis I did in 2005 and convince yourself.
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
Coldstone and all the other Kahala franchises have been on FranWhack for a long time.--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Answer: No.
Here are 2 reasons why.
- You have not factored into account activity based costing - e.g. the cost of gas for you driving to your local wholesaler, the cost of your time, etc. You will find that bottled coke at the central warehouse club are more expensive once you factor in those costs. If you do not want to drive to the warehouse, then figure what it would cost you to have a central warehouse deliver to your small shop.
- The warehouse club has more volume in selling bottled coke than your Cold Stone Creamery shop.
Call the wholesaler and have their truck make a delivery to your store. If the price you pay them is not the exact same as what is at their central facility, listen to their explanation why there is a difference.Steven B. Feirman wrote two very useful articles about the legality of rebates in the US Franchise system.
If you cannot find them on the internet, drop me an email and I will find them for you.
Feirman concludes:
"Thus, a franchisor has many arrows in its quiver in defending financial arrangements with vendors to its franchise system.
These arrangements are made in a competitive marketplace, where the law of supply and demand governs.
Franchisees, rather than being victims of that marketplace, are beneficiaries, with the ability to select the franchise system that best serves their interests.
That Franchisor A elects to charge franchisees a 5 percent royalty and to obtain a 2 percent vendor rebate, and Franchisor B elects to charge franchisees an 8 percent
royalty and to obtain no vendor rebate, should not be a concern of federal antitrust law."
Note that to reach this conclusion Feirman assumes that not only the basis for the rebate is disclosed but that the amount is disclosed in the FDD.
Generally, this is not the case.
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
Michael, I agree, but both your point and Mr. Feirman's require a level playing field as it regards an understanding of the proposed relationship. Real world franchising rarely shows the level's bubble in either the horizontal or vertical middle.
The franchise house is normally built on a slope because the builder is experienced and the buyer is not. 'Competent' due diligence is (once again) not normally part of the buyer's agenda.
Nick Bibby is a franchise consultant and principal of the Bibby Group.Nick Bibby founded BibbyGroup.com, an organization dedicated to franchise and entrepreneurial excellence.
as long as they are disclosed. The franchisor doesn't have to say how much the kickbacks are. Unless the franchisor represents so large a market force that restricting supply has atttributes cognizable under the antittrust laws (which none do), disclosure is now an open road to what Quiznos is doing. Talk about a license to kill!--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Mr. Solomon,
We realize that the Kickbacks are legal if they are properly disclosed in Item 8 of the UFOC. We allege that Cold Stone did not comply with the disclosure requirements enumerated in Part 436.
In our amended complaint, we also allege that Cold Stone restricted our purchases of supplies to certain vendors. As I indicated above (as a guest), those prices were supracompetitive when compared to prices for the very same supplies with unauthorized vendors. We strongly suspect that Cold Stone's own vendor contracts will reveal that their intent was to make our relationship with these vendors exclusive. Cold Stone has fought us tooth and nail since (I believe) February on our RFP of those and other documents. This despite the fact they are clearly relevant to our case.
Finally, I attempted to call you earlier today to see if you might be of any assistance to us in our effort against Cold Stone. I will try you again later this afternoon. I very much appreciate your commentary as well as the other professionals' commentary regarding our issue.
Cecil Rolle
cecilrolle@aol.com
Although, as I said earlier, I advise against a kick back decision for franchisors, that advice is sometimes ignored simply because the tactic 'is' perfectly legal ((when disclosed in the offering circular/FDD).
Inexperienced buyers rarely catch the point until it's too late.
The presence of kick backs triggers my BS detector and sends me into excavation overdrive when examining an offering.
Nick Bibby is a franchise consultant and principal of the Bibby Group.Nick Bibby founded BibbyGroup.com, an organization dedicated to franchise and entrepreneurial excellence.
Don't know if this was posted before as to CS, but I just noticed it on today's MSN Home Page.
Cold Stone franchisees feel chill
-K-
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