I originally responded to a newspaper advertisement soliciting persons to purchase a Caf/Smoothie Franchise where no experience was necessary. I recall my initial conversation with Bill Cullen (Franchise owner) where it was specifically represented to me that a potential Power Smoothie Power Smoothie located at 20449 State Road 7, Boca Raton, Florida 33498 was an excellent location and that the Power Smoothie Cafe, being next to a busy gym, would generateso I was told by Bill Cullen and per a projection sheet given to me by Bill Cullen prior to the sale—$1,000 to $1,500 per day.
Bill Cullen also represented to me that the store was a gold mine and that I was buying a turn key operation where I could simply put the key in the door upon opening, and that the Franchise would handle the build-out and provide me with extensive training prior to my opening date. Based significantly on Bill Cullen's representations, I purchased the Store at issue by writing them a check for $77,000. As I now know, Bill Cullen's initial representations to me were blatantly false, completely misleading, erroneous, and absurd.
Power Smoothie had made representations to me both before and after my Power Smoothie's opening that were untrue and which have caused me significant damages. Further, after consulting with an attorney, I now know that the Uniform Franchise Offering Circular for Power Smoothie and Franchise Agreement (the Offering Circular) was illegal as substantively deficient and flawed in many respects. Further, I now know that Bill Cullen's representations about Power Smoothie being a public company were also false.
It was originally represented to me that my Power Smoothie's build-out would be completed on or before March 15. This deadline was not met. I was then given six (6) additional deadlines, all of which were never met. My Power Smoothie did not open until June 18. I was supposed to receive detailed and in-depth training regarding how to run the Power Smoothie business. Again, it was represented to me that I could run and own a Power Smoothie franchise without any experience because of the extraordinary training that Power Smoothie would provide.
This training never took place.in fact, the only training that I received was for one hour in Bill Cullen's office with a representative from Casio who showed me how to operate the cash register. For that, I could have read the manual. However, as for running the business, marketing the products, and developing a menuthese things were left to me. Essentially, the lack of training forced me to have to learn the Power Smoothie business on the job. Power Smoothie simply failed to provide me with any classroom training for hiring, customer service, management, safety, sales, support, or account management as they were required to do.
Notwithstanding my monetary investment, Bill Cullen equipped my Power Smoothie with used and dilapidated equipment. I also paid $2,500 for menu boards which, to date, have still not been provided to me. Furthermore, I never received logo cups nor any sales or promotional materials that were supposed to be supplied to me. I have repeatedly and continuously asked for suggestions regarding advertising ideas to help grow the Store's business. Power Smoothie has failed and refused to help me in this regard as well. To my amazement, there was no franchise marketing program whatsoever. What is the point of a franchise where the franchisor does not advertise and the good will of the business is non-existent? Buying a Power Smoothie Franchise was the biggest mistake of my life.
Desired Settlement: Refund
So very sorry I ever heard of Power Smoothie Cafe and even sorrier I ever met Bill Cullen
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