Cold Stone Creamery

9311 E. Via De Ventura

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Kahala Franchising is an Arizona limited liability company which was formed on December 29, 2008 for the purpose of owning all of the intellectual property assets and franchising business of Kahala Franchising’s affiliate and predecessor, Kahala Franchise Corp. Kahala Franchising and Kahala Franchise Corp. are wholly-owned subsidiaries of Kahala Corp., a Delaware corporation. Kahala Corp. was a Florida corporation and was redomiciled in Delaware on Decembers,2012. Kahala Franchising, L.L.C.’s principal business address is 9311 E. Via De Ventura, Scottsdale, Arizona 85258.

If you qualify, you may (i) construct a new Cold Stone Creamery restaurant; (ii) purchase one of our Cold Stone Creamery franchises by acquiring an existing business from another franchisee or from us; or (iii) convert all of your existing retail operations from another brand to our Cold Stone Creamery brand. The business you will operate is a single traditional or non-traditional Cold Stone Creamery restaurant specializing in super-premium fresh made ice cream, frozen yogurt, cakes, pies, smoothies, shakes, specialty beverages, soft drinks and other frozen dessert products (prepared using proprietary recipes) and an assortment of complementary toppings and mix-ins on a take-out or eat-in basis, at a specific location approved by us, and using the trademarks Cold Stone Creamery® , and other trademarks, trade names, service marks, logotypes, and other commercial symbols we adopt and authorize. The ice cream and frozen yogurt is used to prepare cakes, pies, smoothies, shakes, specialty beverages, soft drinks and other frozen dessert products. A “traditional” Cold Stone Creamery restaurant is a Cold Stone Creamery restaurant that is easily accessible by the general public, such as a free-standing building, inline retail shop, shopping mall and street front location. A traditional Cold Stone Creamery restaurant normally offers a full Cold Stone Creamery menu. A “non-traditional” Cold Stone Creamery restaurant is a restaurant that is located in a non-traditional marketplace (in franchisor’s sole discretion) such as an airport, amusement park, sports or entertainment venue, train station, travel plaza, toll roads, cafeteria, retail store, convenience store, military base, hospital, office building, movie theater, hotel, casino, kiosk, cart or high school or college campus. A non-traditional Cold Stone Creamery restaurant generally offers a limited version of the full Cold Stone Creamery menu. A Cold Stone Express kiosk is non-traditional and sells soft serve and frozen yogurt with a variety of toppings, shakes, smoothies, Frappes and other frozen beverages, novelties and bottled beverages. The Cold Stone Express may also sell Cold Stone Creamery cakes and pies, and you have the option of owning a Cold Stone Express with or without the granite stone. A Cold Stone Creamery restaurant, whether traditional, non-traditional, or a Cold Stone Express kiosk, is also referred to as the “Franchised Business.” Cold Stone Creamery restaurants serve the general public, and people of all ages consume the products offered by Cold Stone Creamery restaurants. Most Cold Stone Creamery restaurants may be operated throughout the year; however, the restaurant market for the products offered by Cold Stone Creamery restaurants is seasonal, as consumption of ice cream, frozen yogurt, cakes, pies, smoothies, shakes, specialty beverages and other frozen dessert products is typically higher in the summer and lower in the winter. You will have to compete with other restaurants, fast food outlets, supermarkets and other food retailers located in your venue or market area. Some of your competitors may include Cold Stone Creamery restaurants operated by other franchisees or by our affiliates. The extent to which you may succeed at any particular location cannot be predicted. Because of the highly competitive nature of the business involved, successful operation of the Cold Stone Creamery restaurant will depend in part upon the best efforts, capabilities, management, and efficient operation by the franchisee; as well as the general economic trend and other local marketing conditions.