Contract contract model: car maintenance concession contract

The franchise chain agreement in the region originated from _________ years _________ _________ days, the contracting parties are: franchisor: _________ company, headquartered in _________; franchisor _________, commercial organization located in _________ .

1 Overview

_________ The company's business includes all aspects of the automotive services industry, as well as franchise licensing to provide efficient and professional car care services.

_________The company develops, locates, operates and provides efficient and professional services in the field of automotive maintenance services with advanced technology, management systems, procedures and processes, as well as granting franchise rights to other related companies. In terms of business, the company has a standardized franchise chain agreement and related files, with specially designed buildings, displays, signs, work clothes, slogans and other unified modes, unique car maintenance service methods, and standard professional equipment. , products, operating programs, management and advertising programs, all of which are constantly changing according to market trends and are part of the _________ company.

The service mark established by the company _________ has been registered with the ______ National Monopoly and Trademark Office.

This regional company is authorized by _________ company. Regional companies have the right to exercise franchise chain authorization services within the region, such as authorizing the use of certain logos, names, and service systems of _________ companies, and actively participate in the sales and service operations of _________ company system franchise rights. .

The franchisee intends to engage in commercial services for car care services, using the name of the _________ company, the corresponding logo and some aspects of the service management system to obtain the help of regional company expertise. It is understood that a regional company is the only entity that is obligated to the franchisee and the franchisee wishes to join the agreement with the regional company.

The franchisor understands that for all members of _________ companies, regional companies and corporate families, and the public, the most important thing is to maintain high standards and uniform quality standards, appearance, health and service levels. When starting and operating a franchise's franchise chain, it must be consistent with the company's system in all respects. Of course, the entire system will be modified over time. In view of the above statements and the terms, conditions and mutual commitments set forth in this Agreement, the regional company and the franchisee hereby enter into the following agreements:

2. Franchise chain granting project

Grant concession

During the period of entry into force and continuation of the agreement, the franchisee obeys the conditions in this article and fully and fully implements the following contracts. The regional company authorizes the franchisee to issue a license to allow it to use _________ The company's name and related logos, technology, systems, process programs, etc., become a franchise chain of the company, and the franchisee can operate according to the standards listed in the _________ company's secret operation manual to provide basic vehicle maintenance. Service; at the same time, the contents of this manual will be revised as necessary. The scope of approval of the franchisee's business is limited to the region. The franchisee has recognized the special significance of this clause and has conducted sufficient research and discussion on this clause. This section has been drafted separately. _________

Name and system use

The franchisee may not use the _________ company name and its associated logo, technology, systems, technical programs, etc. outside the territory of the agreement, and may not engage in such activities for purposes other than those mentioned above. If the franchisee wishes to operate the _________ company's vehicle repair service center in more than one area, then the _________ company's regional franchise chain agreement may be signed separately for each such area. The franchisee has recognized the special significance of this clause and has conducted sufficient research and discussion on it, and this clause has been independently drafted. _________

ownership

_________ The name of the company and its associated mark, technology, system process program or any other aspect of the system is only owned and will remain with the company, and any information and information provided to the franchisee, except for the completion of the Treaty All that is required will be kept confidential by the franchisee. The use of the name, service mark and related logos or systems of the _________ company is only subject to the company's interests and is subject to the company's prior approval. The franchisee has recognized the special significance of this clause and has conducted sufficient research and discussion on it, and this clause has been independently drafted. _________

Variety

The franchisor acknowledges that _________ companies must evolve to reflect changes in the automotive repair service industry and its markets, changes in customer needs and changes in business opportunities, and therefore require constant modifications and additions to maintain and strengthen the system. The public impression and corresponding business opportunities ensure that every _________ company's car repair service center will always maintain operational efficiency. The contracting parties understand and agree that _________ companies may make changes to any aspect of the system at any time, including new, changed, additional names, service marks, related marks, technologies, systems, methods of operation, Equipment, furniture, alterations, time, computer billing, furnishings, instruments, services and products, as well as modifications to the operating manual. The franchisee will actively follow all these changes and supervise their employees to do so, and the costs of these changes will be borne by the franchisee. The franchisee has recognized the special significance of this clause and has conducted sufficient research and discussion on it, and this clause has been independently drafted. _________

Approval of information

The franchisee will be subject to the regional company and may not use or sell all contracts, manuals, forms, documents, advertisements, materials, products or equipment related to the _________ company chain without the prior written approval of the regional company, and may not use _________ Company name, service mark, related mark or system. The franchisee may only use the company's prior approval to use its advertisements, promotional methods, promotional materials, concepts, plans, services, etc. The franchisee recognizes the special significance of the clause and has thoroughly studied and discussed the details. This clause has been drafted separately. _________

area

The regional company will not authorize anyone other than the franchisee to establish the _________ company's vehicle repair service center within the _________ scope of the franchisee's permitted area.

3. Obligations of regional companies

manual

The regional company will provide the franchisee with a copy of the _________ company confidential operation manual, which is only used by the franchisor himself. The contents of the manual are not disclosed to employees or others. The regional company will provide the franchisee with information on the improvement or change of the manual during the period of validity of this agreement, in the form or addition, or in the business communication, or the annual general meeting, as the case may be, after the change, the franchisee will Complied.

Headquarters training

The regional company will arrange a pre-opening headquarters training for the franchisee at the company headquarters. This training is a mandatory arrangement for the signing of this franchise agreement. It is a mandatory arrangement for a maximum of three days. This activity must be completed before the franchisee's area is trained and opened. The franchisee will be responsible for the tolls and room and board expenses to the headquarters.

Regional training

Regional companies provide franchisees with operational training for the _________ company's automotive repair service center at a regional company's headquarters or at a company headquarters. Once the franchisee has completed the training of the headquarters before the start of the operation, the regional training process will begin. The training is mandatory and must be completed before the franchisee opens the store. The franchisee is responsible for the toll and accommodation expenses at the training venue.

Future regional training

The regional company also selectively provides the franchisee or its employees with additional training programs at any time within its scope of rights. Participation in such training programs and regional conferences can be mandatory. Training fees are borne by regional companies. Other costs during the training period, including accommodation, wages and travel expenses, are borne by the franchisee. Regional companies can provide such follow-up counseling during the period of the franchise chain, in a variety of ways.

Standard design and specification site assessment

Regional companies provide standard design and specifications for the construction of the _________ company's automotive repair service center. Modifications and changes to standard designs and specifications may not be made without the written approval of a regional company. The franchisee may obtain a limited range of architectural and engineering services at the expense of the survey, site selection and planning of the foundation, adapting the standard design and specifications to each individual location, and complying with local regulations and regulations. Provisions. The selection of the location of the franchise chain service center must be approved by the regional company. The regional company will provide the franchisee with advice on site selection and development, and inspect the franchisee company to provide three locations for selection to participate in the site assessment. If the franchisee requests consulting services other than the above, the full cost of such consultations by regional companies, including tolls, living expenses, daily service fees, _________ dollars, etc., must be paid. The franchisee will bear the costs of the preparation, the location of the project and the cost of the building. The regional company and the _________ company are not responsible for the franchisee's change of the standard design, and at the same time, site selection, location, construction, operation It is also not responsible for any aspect, whether it is carried out in accordance with the standard design or not, all responsibility is borne by the franchisee. The franchisee recognized the special significance of the clause and conducted sufficient research and discussion on it, and the clause was separately drafted. _________

4. Obligations of the franchisee

Franchise fee at the time of opening

The franchise fee at the time of the start-up is _________ dollars, which should be paid when the signing of the franchise chain agreement takes effect. This franchise chain fee is fully paid to regional companies, with the exception of non-repayables under any circumstances.) The franchisee and the regional company agreed that the _________ dollars in the franchise chain start-up fee are used to pay for the service fees, which are provided by the regional company to the franchisee, of which _________ dollars are used to pay The training fee that the franchisor receives at the company headquarters. The franchisee has recognized the special significance of this clause and has conducted sufficient research and discussion on it. This clause has been independently drafted. _________

Local business development fee

The franchisee will pay a periodic, non-returnable local business development fee within the franchise period, which is 5% of gross income and is paid on Wednesdays.

Gross income associated with local business development expenses includes: all income related to products, services, materials, inventory, equipment, etc. acquired or earned during the previous week, and the franchisee's _________ company's vehicle repair service center has The sales, leases, and distribution income of the contact, the personal income of the franchisee or earned on his behalf, and the income associated with the _________ company's car repair service center in any way.

The local business development fee begins on the first Wednesday after the car repair service center is expected to open, and in no case should it be less than $125 per week per franchisee, which can be adjusted at any time as the cost of living increases or decreases. This fee must be paid even if the franchisee's "_________ company car repair service center" is closed or closed for any reason, or cannot be opened on the agreed date. The “minimum local business development fee” paid by the franchisee or other fees stipulated in this Agreement shall not limit the termination of the agreement by the regional company for violation of this Agreement and the compensation provided by law.

If the franchisee's "_________ company's car repair service center" is closed, closed, or may not be opened on the agreed date, the franchisee will continue to pay weekly local business development for whatever reason. Fees, the base is calculated based on the average weekly income for the first 6 months, and in any case the local business development fee must not be lower than $125 per week and adjusted at any time based on changes in living expenses.

The minimum local business development fee should be paid in a similar manner to an automated draft or a regional company's satisfaction. Unless otherwise stated in the confidential internal operating manual, payment of this fee will be paid to the regional company no later than Wednesday, and in no case will the fee be reimbursable.

The franchisee has recognized the special significance of this clause and has conducted sufficient research and discussion on it, and this clause has been independently drafted. _________

Cost of living adjustment

From June 1, 1988, it will take effect on June 1 each year. The minimum local business development fee and the minimum advertising fund donation fee will be necessary according to the increase or decrease of the urban consumer price index announced by the US Department of Labor and the Bureau of Labor Statistics. The adjustments were made on April 1st each time, and the April 1st of this year was compared with April 1 of the previous year. The franchisee has recognized the special significance of this clause and has fully studied and discussed it. The clause has been drafted separately. _________Car Repair Service Center

The franchisee will establish a car repair service center at a location agreed by the signing parties within 120 days of the entry into force of this agreement and begin business. This car repair service center must always comply with the implementation of the current ____________ company confidential operation manual. If it cannot be established, opened and maintained, it will be regarded as non-compliance with the breach of the agreement, which may lead to the suspension of the agreement. s consequence. If the special circumstances of the franchisee's uncontrollable environmental factors prevent the car repair service center from opening within 120 days, the regional company will extend the expiration period as appropriate, and the length of the extension period is solely determined by the regional company. The franchisee recognizes the special significance of this clause and has fully studied and discussed it. The clause has been drafted separately. _________

Equipment specification

The franchisee will maintain and operate a standard car repair service center from the beginning to the end in accordance with the high standards of the regional company, the corporate image and the current _________ company confidential operation manual. As the content of the company's operating manual is constantly revised, the franchisee will perform a series of tasks such as adding, changing, and replacing according to the requirements of the manual. In this regard, the franchisee has the following specific obligations:

a Maintain a high level of cleaning and maintenance at the vehicle repair service center, including periodic repainting, repair or replacement of damaged or discarded equipment, signs, instruments, etc.;

b Achieve and maintain the highest level of management in the operation of franchise chains, while always complying with state, regional and federal laws and regulations;

c Renovate the car repair service center according to the requirements of the regional company, but renovate it for up to 5 years to maintain a good business appearance and maintain the corporate image of the regional company. Other necessary changes in the building and changes in the decoration mode are not affected by the time. Limitations.

Operating specification

The franchisee will always operate the vehicle maintenance service center in accordance with the uniform methods, specifications, procedures and specifications. Since the company's operation manual must be revised from time to time, the regional company will always explain the above aspects in the manual to ensure that The highest and uniform quality and service level. The franchisee will find in the process of managing the store that the high ethical standards in the operation will help maintain the unity of the regional company and _________ company in image and goodwill. He will not participate in any damage to the company name. , trademark activities, and to prevent any deviation from the operating specifications. The franchisor agrees with the following points:

a Ensure adequate supply and, at any time, use only instruments, equipment, services, products, materials, etc. that comply with _________ company standards and specifications to prevent the use of non-standard items without written approval;

b Sell and use products and services in accordance with _________ company's uniform quality and quantity standards, using only the trademark names approved by the company and regional companies;

c All equipment purchased and installed by the franchisee complies with the agreed standards and specifications, and prevents any installation or improvement of the house or equipment without written consent;

d Allow regional companies or their agents to enter the premises of the franchise chain without prior notice and to move, replace, repair or modify any items that do not meet the current specifications of the regional company as required by the franchisee bear;

e When purchasing products, materials, supplies, etc. required for the operation of the franchise chain, the supplier must be a supplier that has been proven to be able to meet the _________ company standards and specifications, and have appropriate quality control measures to provide timely and reliable The needs of the franchisor;

f Do our best to manage and operate the franchise chain during the period of the franchise agreement;

g Require all employees to implement a franchise chain agreement, act in accordance with the requirements of the internal manual, and prohibit employees from communicating, leaking or using any internal information, franchise chain operations, operation methods, etc. for any individual or partner during or after the employment period. Prohibit them from cooperating with competing companies;

h The franchisee will regularly report gross income to _________ companies in the form and requirements specified in the confidential manual, including but not limited to: cash income registration, invoices, account records and reports, sales tax forms, state and Federal income tax files, etc. _________ Whenever the company has the right to inspect the accounts and reports, the franchisee will pay the cost of the audit;

i If the franchisee or the entity under its control operates more than 5 _________ company car repair service centers, a supervisor should be hired, who must comply with the standards set by the current company internal operation manual, and every 5 car repair services The center shall have a supervisor responsible for supervising and coordinating the operation of each unit;

j Samples of all promotional and advertising materials that have not previously been approved by regional companies should be submitted to the regional company for approval;

k Always and consistently comply with the requirements set forth in this Agreement and the company's current operating manual to stop any violation of _________ company specifications and standards.

Business expense

The franchisee will be responsible for paying the operating expenses of his franchise chain, including but not limited to: the cost of obtaining the location, infrastructure, equipment, business licenses, telephone services, advertising, office supplies, workers' remuneration, insurance, employee services and supplies, etc. Fees, and provide copies and amounts of all insurance policies to regional companies at any time according to the company's current confidential operation manual. Regional companies and _________ companies are co-insurers, and franchisees recognize the special meaning of these terms and have This has been fully studied and discussed. This clause has been independently signed. _________

Confidentiality agreement

The franchisee and its personnel will not disclose any part of the _________ company to others, other companies or groups, except for the normal business management needs. The franchisee acknowledges the confidentiality of any part of the system and acknowledges It belongs to the patent of _________ company. The franchisee has recognized the special meaning of this clause and has conducted sufficient research and discussion on it, and has independently drafted this clause. _________

Non-competition guarantee

Within two years after the commencement of this Agreement and the term of this Agreement, the franchisee will not participate in any commercial activity that competes with regional companies, _________ companies and other franchisees, whether such activities are consultants, Owners, employees, stockholders or other means; at the same time, during this period the franchisee will not participate in the car repair service industry or any related business in any case. The franchisee has recognized the special significance of this clause and has conducted sufficient research and discussion on it, and this clause has been independently drafted. _________ The efforts of the franchisee

The franchisee understands that authorizing the operation of a franchise chain is not a passive investment, but a business activity that relies on the franchisee's independent efforts, business judgment and skills, and market conditions. The franchisee will use the training and other means to thoroughly understand the operating specifications and methods of the company system. The franchisee does not begin the operation of the franchise chain until it successfully completes the training program arranged by the headquarters office and the regional company. The franchisee will work with regional companies and other franchisees to accomplish the purposes and objectives of this Agreement, and strive to maximize sales under the company name, service mark and related marks. The franchisee has recognized the special significance of this clause and has conducted sufficient research and discussion on it, and has independently drafted this clause. _________

Restrictions on hiring others

During the period of this Agreement, the franchisee will not directly or indirectly employ any employee belonging to a regional company, _________ company or other franchisee.

abide by the law

The franchisee agrees to comply with all federal, state and local laws and regulations, including all laws relating to business licenses, employment, public safety and health, labor relations, worker wages and insurance, construction and signage, consumer protection, etc. And regulations.

The name of the conflict

Neither the regional company nor the _________ company can guarantee that another commercial enterprise in the state in which the franchisee is located is excluding the _________ company name or similar name, service mark and logo, if the business uses such name, service mark or The logo has been around for quite some time, so it has the right to continue to use it.