Maui Wowi (Director of Regional Support)

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[email protected]

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We offer franchises for the operation of businesses ("MAUI WOWI Businesses" or individually, a "MAUI WOWI Business") selling fresh fruit smoothies made from our proprietary fruit smoothie blends ("MAUI WOWI Blends"), brewed Hawaiian coffee, espresso drinks and other approved products ( collectively, "MAUI WOWI Products"), from one of our various types of proprietary mobile, self-contained units ("Ka'anapali Carts," "Event Concession Trailers" or "Catering Carts"), or from our proprietary nontraditional fixed-location kiosks ("Fixed Kiosks") or retail stores ("Retail Stores"). The Ka'anapali Cart, Event Concession Trailer and Catering Cart are collectively referred to in this Disclosure Document as the "Mobile Operating Units," or individually as a "Mobile Operating Unit." The Fixed Kiosks and Retail Stores are collectively referred to in this Disclosure Document as the "Fixed Operating Units," or individually as a "Fixed Operating Unit." The Mobile Operating Units and Fixed Operating Units are collectively referred to in this Disclosure Document as the "Operating Units," or individually as an "Operating Unit." The Mobile Operating Units are usually operated at activities including fairs and festivals ("Events"), but may be operated from permanent, fixed sites located in malls, schools, office buildings, hospitals, airports, colleges, health clubs, auditoriums, arenas, and concert and sports venues ("Permanent Sites"). The Fixed Operating Units are operated from Permanent Sites. You are required to obtain our written consent for each Permanent Site at which you desire to locate an Operating Unit, and for the Letter of Intent (defined in ITEM 1 1 ) and lease of any Permanent Site. (See ITEM 11.) An Operating Unit operating from a Permanent Site may not be relocated without our prior written consent. All Operating Units are operated under our MAUI WOWI trademark, trade names, service marks and logos ("Marks") using our unique and proprietary system for operating the MAUI WOWI Business and related licensed methods of doing business ("System"). Our System includes our Marks, our MAUI WOWI Blends, the MAUI WOWI Products, including products that may be added to the System in the future, and our proprietary specifications, methods and procedures for the preparation, marketing and sale of our fruit smoothies, Hawaiian coffee, espresso drinks, and other products (collectively, "MAUI WOWI Services"), as well as our proprietary Mobile Operating Units and Fixed Operating Units. You will operate the MAUI WOWI Business in accordance with the System and our proprietary Library of Operating Manuals (as defined in ITEM 11 ). You are required to acquire the MAUI WOWI Blends, MAUI WOWI Products and certain equipment used in your MAUI WOWI Business, including, trademarked cups, merchandise, custom gift cards, espresso machines, blenders, signage, decor and other equipment, as well as the Mobile Operating Units and Fixed Kiosk (collectively, "MAUI WOWI Supplies and Equipment"), through us, our Affiliate or other approved suppliers of ours. We offer three types of MAUI WOWI unit franchises, a "Single Unit Franchise," a "Standard Franchise" and an "Empire Builder Franchise." If you acquire a Single Mobile Unit Franchise, you may operate one Operating Unit, but such one Operating Unit may not be a Catering Cart. If you acquire a Standard Franchise, you may operate up to three Operating Units. If you acquire an Empire Builder Franchise, you may operate up to 10 Operating Units. Regardless of the type of franchise you acquire, you are required to pay us the initial fees discussed in ITEM 5 of this Disclosure Document, sign our franchise agreement ("Franchise Agreement") and complete the Mainland Training Program (defined in ITEM 11) prior to operating your MAUI WOWI Business. A copy of our Franchise Agreement is attached to this Disclosure Document as Exhibit B. You will also execute the appropriate Operating Unit Rider to the Franchise Agreement ("Operating Unit Rider") at the time you sign the Franchise Agreement for your initial Operating Unit, and later for each Operating Unit you subsequently open under your Franchise Agreement; provided, your initial Operating Unit may not be a Catering Cart. The Operating Unit Riders are attached to the Franchise Agreement. If you acquire either a Standard Franchise or an Empire Builder Franchise, you will execute a separate Operating Unit Rider for each Operating Unit you operate under the same Franchise Agreement prior to you operating additional Operating Units. We also offer to select persons, the opportunity to purchase a Director of Regional Support ("DRS") franchise, also known as an area developer franchise. Each DRS is selected by us based on his or her performance as a franchise operator or other qualifications to serve as a DRS. The selection of a DRS and the establishment of the territory in which the DRS shall operate ("DRS Territory") are made by us in our sole discretion. A DRS is responsible for identifying potential franchise operators in the DRS Territory and providing training, site selection assistance and ongoing support to franchise operators located in the DRS Territory. When a MAUI WOWI franchise is awarded or transferred in a DRS Territory, we will pay the DRS a portion of the Initial Franchise Fee (defined in ITEM 5) or transfer fee. The DRS may also be entitled to an additional commission from us based on the later purchase of certain products by franchisees within the DRS Territory. Offers to acquire a DRS franchise are made by a separate Disclosure Document. If you acquire a MAUI WOWI Business to be located in a DRS Territory, you may receive some of your training and ongoing support from the DRS in that DRS Territory. In select countries, we have offered to qualified persons the right to promote and assist in the development of MAUI WOWI Businesses on a nationwide basis. These persons are referred to as "Master Franchisees." This type of franchise is not offered in the United States of America.