Food and beverage franchise contract model
In order to clarify the rights and obligations of the two parties in the franchise, this contract is specially made for mutual compliance.
1. License method and content
1.1 Party B voluntarily applies to join the company, and after Party A grants the franchise right, Party B opens the franchise enterprise.
1.2 Party A grants franchise rights to Party B and provides management system.
1.3 The management system is a valuable proprietary name, trademark, architectural style, training system, financial system, and know-how. Its core content is the trademark and its management and technical standards.
2. Franchise rights and security deposits
2.1 Before the conclusion of this contract, Party B shall pay Party A a one-time franchise fee of 10,000 yuan.
2.2 During the validity period of the contract, Party B shall pay Party A the franchise royalty fee on a monthly basis according to a certain percentage of the total operating income of the franchise enterprise.
2.3 Before the conclusion of this contract, Party B shall pay Party A a deposit of 10,000 yuan. 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 cover the loan. After Party B receives 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.
3. Party A's rights and obligations
3.1 Provide the certification materials needed to start a chartered company.
3.2 Provide professional training for the technical backbone personnel before the job, and conduct regular retraining.
3.3 Party A provides the Franchise Management Manual during the effective period of this contract. The manual is owned by Party A. Party B or the franchise enterprise may not use it without the written permission of Party A. 3.4 The right to distribute the special items, raw materials and tools of the company to the franchise company.
4. Rights and obligations of Party B and the concessionaire
4.1 Party B is responsible for all the formalities required for the opening of the concession enterprise and the working capital 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 the sweeping party requires the renovation and transformation of the business premises to meet the acceptance criteria of Party A, and the opening and operating conditions of the franchise enterprise.
4.2 Party B shall send its relevant personnel to receive training and assessment of “q Company Training Center” before the opening of the chartered enterprise. You can get a job after you have obtained the training certificate from Party A.
4.3 When there is a major change in B or the concession 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 concession enterprise changes its business premises or business scope, Party A's written consent should be obtained.
4.4 Party B shall ensure that the franchise enterprise conducts franchise management according to the contents of Party A's Manual and related regulations.
5.5 Party B shall not use the concession outside the concession enterprise, and may not transfer or license the concession.
5. Management and financial accounting system of the concession enterprise
5.1 The concession enterprise shall implement the management system and standard standards stipulated in Party A's Manual.
5.2 The concession enterprise shall implement the financial accounting system of the catering service industry formulated by the state and the unified accounting method of the franchise enterprise of Party A.
5.3 Party B shall report the total operating income and real financial statements of all the operating projects of the concession enterprise to Party A for filing on the next month, and Party B shall not report less, falsely report or miss report.
6. Confidentiality
6.1 Party B and the Licensed Enterprise shall keep the contents of the Manual and other materials developed or approved for the performance of this Agreement confidential and keep them 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.
6.2 Party B and the franchise enterprise undertake not to disclose any confidential information, knowledge, business methods, etc. that they know to the interests of other people, organizations and companies throughout the contract period and within the year after the contract expires.
7. Breach of contract and punishment
7.1 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 a liquidated damages of more than 10,000 yuan according to the degree of the loss.
7.2 If Party B or the franchise enterprise violates the contract, one of the following circumstances, Party A has the right to terminate the contract and ask the other party to pay liquidated damages and compensation:
1. Unauthorized expansion of the scope of use of the licensed trademark without the permission of Party A. Or in combination with other trademarks;
2. Re-licensing or transferring the licensed trademark without the permission of Party A, lending, reselling others to make or use; 3
3. Produce or use a trademark similar to or modified from the licensed trademark;
8. Dissolution and termination of this contract
8.1 This contract is automatically terminated under the following conditions:
1. Party B or the concessionaire suffers a serious loss and is unable or unable to continue to operate;
2. The bankruptcy of Party B or the concession enterprise, the ability to repay the loan or the degree of liquidation;
3. The main part of Party B’s property is enforced by the court;
4. Party B is dissolved.
8.2 Party A may terminate the contract by giving written notice to Party B in one of the following circumstances:
1. The important assets of Party B are transferred to others or are in a state of separation or merger;
2. Party B arbitrarily; transfer the franchise enterprise, or arbitrarily change the business site or business scope of the franchise enterprise;
3. Party B or the franchise enterprise does not comply with the contents of the Manual or the license system program specification;
8.3 After the contract expires, if Party B requests to continue the franchise, it shall submit a written application to Party A before the expiration of the contract. If Party A agrees to continue, Party shall renew the contract; if Party A does not agree or Party B does not apply, The contract expires on its own.
9. Responsibilities of both parties after the contract is terminated or terminated
9.1 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;
9.2 Party B shall return Party A's commercial and technical secret materials within the day; return Party A's commercial signs, trademarks, signs and materials;
9.3 From the date of termination or termination of this contract, Party B shall immediately stop the business activities of the franchise enterprise and any form of advertising and publicity, and stop using the trademarks, trade names and logos of Party A.
10. Settlement of disputes In the course of the implementation of this contract, if there is any disagreement between the two parties, they should be settled through negotiation. If the negotiation fails, the Suzhou Arbitration Commission may apply for arbitration. The ruling is final and is legally binding on both parties.
11. The term of the contract is valid for the year, from the date of the year to the day of the month.
12. Supplementary rules
12.1 After Party B commits to the establishment of the concession enterprise, it is bound by this contract and follows the provisions of this contract concerning the rights and obligations of Party B and the concession enterprise.
12.2 This contract is made in two copies, and both parties are responsible for each.
12.3 The contract has not been completed, and a supplementary agreement has been established, which has the same legal effect as this contract.
12.4 This contract is effective as of the date of signature by both parties.
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