Get It In Writing

Surprise, surprise, the rink called to see if we were still interested in opening a restaurant. The big food service company had moved out on January 1, 2015 as planned and now the snack bar was empty and closed. Pierre, Robbie and I talked and decided we were interested. Pierre suggested we use his CPA because the CPA would do our books and payroll for a reasonable monthly fee. All 3 of us met with the CPA and discussed the plan. We would each put in $12,500.00 to start the restaurant. We agreed upon a name. The CPA suggested he set us up as an LLC.

The rink gave us a 5 year contract. For some reason they had put in the contract that we had to open as a Great Outdoors franchise. I was surprised that was in the contract. We explained we would be a pizza and burger place like all previous food providers. The rink was hesitant at first but agreed. I don’t know why they cared. Pierre still wanted to remain invisible, so Robbie and I would sign the contract. The rink had one stipulation. We had to open in time for a February hockey tournament. If we signed the contract, we would have 2 weeks to open a restaurant.

I had researched retail space in 2008 so I believed Pierre when he told us the rent was a good deal. It looked like a great deal. For a monthly fee, all utilities were included and we could use all the equipment in the space. There were 2 pizza ovens, 2 fryers, a burger griddle, an ice machine, refrigerators, a walk-in refrigerator freezer, a full bar with 2 stations and 2 taps, about 20 tables with 4 chairs each and bar stools, a Dr Pepper soda fountain, lots of shelves and cabinets, a 3 compartment sink, hand washing stations, and plenty of work space. No build-out would be needed.

Then we committed the ultimate sin. We didn’t put it in writing. Everything was happening so fast, we didn’t draw a contract with our plan to put in $12,500.00 each and each person’s responsibilities. The CPA would set up our LLC with each of us as 1/3 partners and I’m sure he put something in his hard-bound notebook as we described our plan, but we never wrote down our plan and signed it. WE NEVER WROTE DOWN THE PLAN!