Western-style fast food industry license contract model
1. The following contract shall be signed by both parties: Party A: Beijing Co., Ltd. Registration place: Beijing
Legal representative: Position: Economic nature: Address: Postal code:
Party B: Registration place:
Legal representative: Position: Economic nature: Address: Postal code: In order to clarify the rights and obligations of the two parties in the franchise, this contract is specially formulated so that both parties can comply with each other.
2. Franchise method and content 2.1 Party B voluntarily cooperates with Party A. Under the premise of Party A's overall planning and providing operational guidance, Party B will open a Western-style fast food franchise store.
Name of the concession enterprise: Registered place of registration: Legal representative: Position: Nature of the concession enterprise: Business address: Postal code: 2.2 Party A grants Party B the western-style fast food management right and provides management system.
2.3 The management system is a valuable, proprietary trade name, trademark, architectural style, training system, financial system and know-how. Its core content is the trademark and its management and technical standards.
2.4 Scope of business of the concessionaire: A, fried chicken: sweet chicken, spicy chicken wings, spicy chicken, garlic chicken; B, hamburger: chicken burger, chicken burger, hot dog; C, sandwich: Ham sandwich; D, food: French fries, onion rings, crispy corn on the cob, potato cake; E, hot drinks: coffee, milk, hot chocolate, black tea, fresh vegetable soup; F, cold drink: cola, lemon tea, orange juice, Milkshake, beer; G, dessert: ice cream, fresh fruit and vegetable salad; Remarks: including other Western-style fast food new products developed later.
3. Relationship between Party A and Party B. Both Party A and Party B are independent economic entities, each operating independently, accounting for their own profits and losses. Either party bears any responsibility for the other party’s debtor.
3.2 Without the written permission of Party A, Party B and its franchise enterprise shall not use or similar words or graphics as the company name, name or trademark.
4. Franchise fee, royalties and deposits 4.1 Before the conclusion of this contract, Party B shall pay Party A a one-time fee of RMB 10,000.
4.2 During the term of the contract, Party B shall pay Party A the franchise usage fee on a monthly basis in proportion to the total operating income of the franchise enterprise of 3%. The specific calculation standard is based on Party B's monthly turnover. The quota for Class A stores is 10,000 yuan, the quota for Class B stores is 10,000 yuan, and the quota for Class C stores is 10,000 yuan.
4.3 After the conclusion of this contract, Party B shall pay Party A a deposit of RMB 10,000. After the expiration of the contract, Party A will refund the deposit to Party B. If Party B delays the payment of the royalties, Party A has the right to use the deposit to pay. After receiving the notice of recharge, Party B must make up the deposit within the day. If Party B cannot make up the deposit on time, Party A has the right to terminate the contract and no longer refund the deposit.
4.4 Party B shall remit the franchise franchise fee and deposit to the designated account of Party A within seven days after the conclusion of this contract.
4.5 From the date of commencement of the concessionaire, Party B shall remit the franchise usage fee for the month to the designated account of Party A within the end of each month.
4.6 The location of Party A's account is: Unit Name: Bank of Account: Bank Account Number:
5. Party A's rights and obligations 5.1 Provide the certification materials needed to start a chartered enterprise.
5.2 Provide professional training for the technical backbone personnel before the job, and conduct regular retraining.
5.3 Party A shall provide relevant technical and management materials during the validity period of this contract. This information is owned by Party A. Party B or the licensed enterprise may not expand the use without Party A's written permission.
5.4 The right to appoint a special item, raw materials and tools for Party A to the franchise enterprise, and stipulate the minimum amount of goods to be delivered by Party B.
5.5 The right to inspect, supervise, appraise and evaluate the service quality and product quality of the concession enterprise at any time in various forms. In business guidance, help solve management and technical problems in production operations.
5.6 Have the right to inspect and review the financial status of the concessionaire's business activities.
6. Rights and Obligations of Party B and the Franchise Enterprise 6.1 Party B is responsible for all the formalities required for the operation of the concession enterprise and the liquidity required for the operation of the concession enterprise. For the franchise enterprise to implement the business premises with a building area of square meters, and according to the requirements of Party A, carry out renovation and transformation of the business premises to meet the acceptance criteria of Party A, and have the opening and operating conditions of the franchise enterprise.
6.2 Party B shall send its relevant personnel to receive the training and assessment of Party A's “Training Center” before the opening of the chartered enterprise. You can get a job after you have obtained the training certificate from Party A.
6.3 When there is a major change in Party B or the franchise enterprise, if the legal representative is replaced or the registered capital is increased or decreased, Party A must be notified within the day; if the franchise enterprise changes its business premises or business scope, Party A's written consent should be obtained in advance.
6.4 Party B shall ensure that the concession enterprise conducts operation and management in accordance with the relevant provisions of Party A's technology and management materials.
6.5 Party B shall not use the management system provided by Party A outside the franchise enterprise, and may not transfer or license the management system provided by Party A.
6.6 Party B shall conduct the publicity activities according to the information provided by Party A, and shall not use the management system provided by Party A in products and services other than the license enterprise. Party B's regional advertising plan shall be reported to Party A for the record.
6.7 Party B and the franchise enterprise shall not produce, sell or use the products and services of Party A's competitors, and must sell and use the products and services provided by Party A, or those produced by third parties designated or agreed by Party A to meet Party A's standards. product and service.
6.8 Party B shall complete the minimum amount of monthly delivery as stipulated by Party A, that is, not less than 10,000 yuan per month.
7. Management and financial accounting system of the concession enterprise 7.1 The concession enterprise shall implement the management system and normative standards stipulated in the “Handbook” of Party A.
7.2 The concession enterprise shall implement the relevant financial accounting system formulated by the State and the unified accounting method of the relevant concession enterprise of Party A.
7.3 Party B shall report the total operating income and real financial statements of all the operating projects of the concession enterprise to Party A on the 10th of the following month, and submit the financial statements and other statements of the previous year to Party A before the end of each day. Party B shall not Underreporting, false reporting, and underreporting.
8. Party A sends personnel to Party B to send business management and professional and technical personnel names as required, and the rights and obligations of the dispatched personnel shall be signed by the two parties.
9. Use of Trademarks 9.1 In the contract only, the following terms are defined as follows: “Trademarks” are registered trademarks and/or any other marks or special marks associated with the trademark.
9.2 Party A is the legal owner of the × × × trademark, and Party B shall ensure that the franchise enterprise complies with Party A's management system.
9.3 If Party B and the franchise enterprise have problems in service quality and product quality due to their own management and management responsibilities, and cause Party A's trademark reputation to be damaged, they shall compensate for the economic losses caused to Party A.
9.4 Party B and the franchise enterprise shall not expand the scope of use of the trademark in any form or manner, and shall not produce or use the trademark logo similar to or modified in any way with the license of this contract, and may not register in any other country or region in any way or manner. Application for a trademark.
9.5 Without the written consent of Party A, Party B and the franchise enterprise shall not use Party A's trademarks outside the franchise enterprise, distribute Party A's special goods, or carry out any activities that are detrimental to Party A's reputation.
10. Confidentiality Clause 10.1 Party B and the Licensed Enterprise shall keep the contents of the Manual and other materials formulated or approved for the performance of this Agreement confidential and keep it confidential. Without the prior written consent of Party A, Party B and the franchise enterprise may not copy, record or otherwise disclose it to others.
10.2 Party B and the franchise enterprise undertake not to disclose any confidential information, knowledge, business methods, etc. that they know to others during the entire contract period and within the year after the contract expires.
11. Insurance Terms Party A recommends that Party B insure the property and employees of the franchise enterprise within the validity period of this contract. If Party B decides to insure, the insurance contract shall be reported to Party A for filing, and the insurance premium shall be borne by Party B.
, , 12, breach of contract and punishment 12.1 Once the contract is signed, the parties shall not breach the contract for any reason. If one party causes economic losses to the other party due to breach of contract, the defaulting party shall pay liquidated damages according to the degree of the losses caused. Any occurrence of any of the following circumstances shall be considered as breach of contract: without the permission of Party A to expand the use of the licensed trademark or use it in combination with other trademarks; without permission from Party A, the license trademark may be sublicensed or transferred, loaned or resold. Produced or used by others; Produce or use similar or modified trademarks on their own; Reduce the quality of service or product quality of the concessionaire, cause criticism by public opinion tools or serious complaints from consumers; Change product distribution channels without authorization Or the new product is not issued without the written permission of Party A; the franchise enterprise does not pay the franchise fee according to the contract; does not accept Party A's supervision according to the management regulations or organizes Party A to conduct the inspection; Party of rights and obligations; Party B orders related articles bearing the " " trademark from enterprises that have not been authorized by Party A.
13. Dissolution and Termination of this Contract 13.1 This Contract terminates on its own under the following conditions: Party B or the concessionaire suffers from a serious loss and is unable or unable to continue its business; Party B or the concessionaire is insolvent, has no ability to repay or commences the liquidation procedure; The main part was enforced by the court; Party B was dissolved.
13.2 Party A may cancel the contract by giving written notice to Party B when one of the following circumstances occurs: Party B's important assets are transferred to others or are in a state of separation or merger; Party B transfers the license enterprise without authorization, or arbitrarily changes the business premises or operation of the license enterprise Scope; Party B or the franchise company does not comply with the contents of the Manual or the Licensed Enterprise Program Specification.
13.3 After the contract expires, if Party B requests to extend the franchise, it shall submit a written application to Party A within 60 days before the expiration of this contract. If Party A agrees to continue, Party shall renew the contract; Party A does not agree or Party B does not apply. The contract shall terminate on its own from the date of expiration of the contract.
14. Responsibilities of both parties after the termination or termination of the contract 14.1 After the contract is terminated or expired, Party B shall pay all the fees payable to Party A within the day and cancel the business registration of the chartered enterprise; 14.2 Party B shall return Party A within the day. Commercial and technical secret information shall be returned with Party A's commercial logo, trademark, signboard and materials; 14.3 From the date of termination or termination of this contract, Party B shall immediately cease the business activities of the franchise enterprise and any form of advertising, and stop using A. Party trademark, trade name, logo.
14.4 Party B shall not engage in industries related to Western-style fast food operation and management within the year from the date of termination or termination of this contract.
15. Force Majeure The force majeure referred to in this contract includes, but is not limited to, natural disasters, floods, fires, wars, government actions, accidents or events that are not controlled or foreseen by both parties. If the fatal contract cannot be performed or cannot be fully performed due to force majeure, the force majeure party shall notify the other party in writing of the accident within 10 days.
16. Settlement of disputes During the execution of this contract, if there is any disagreement between the two parties, they should be resolved through negotiation. If the negotiation fails, you can apply to the Beijing Arbitration Commission for arbitration. The ruling is final and is legally binding on both parties.
17. The term of the contract is valid for 10 years, from the date of the year to the day of the month.
18. Annex 18.1 After the establishment of the concession enterprise, Party B is bound by this contract and follows the provisions of this contract concerning the rights and obligations of Party B and the concession enterprise.
18. 2 This contract is made in two copies, and both parties are responsible for each.
18.3 The matters not covered in this contract are supplemented by a supplementary agreement, which has the same legal effect as this contract.
18.4 This contract is effective as of the date of signature by both parties.
Party A: Party B:
Legal representative: Legal representative:
Or attorney: or the agent:
year month day
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