Non-compete agreement
Headquarters: _________
Party A: _________.
Party B: _________.
In order to meet the requirements of the franchise, the parties listed above signed the following non-competition agreement according to the franchise system headquarters:
The first competition is prohibited
The term "competition prohibition" as used in this Agreement means that Party B shall not engage in business that competes with the licensing system within the time limit specified in the Franchise Contract, including participation in competition in any of the following ways:
Participate in related business by investment, equity participation, cooperation, contracting, leasing, entrusted operation or any other means;
Directly or indirectly employed by other companies or organizations to participate in related business;
Obtain financial benefits directly or indirectly from companies competing with headquarters.
Second prohibition period
The period of non-competition is included in the period of performance of the contract and _________ years after the termination of the contract. The contract termination time is confirmed in accordance with the following provisions:
If the two parties negotiate to terminate the contract, the time determined by negotiation shall prevail;
If Party B terminates the contract due to breach of contract, the time of the arbitral award shall prevail, but at the same time the ruling to perform the debts and other obligations shall be counted from the date of completion of the performance;
If Party B terminates the contract in violation of the contract, but has not obtained the arbitral award, it shall be counted from the date on which Party B pays Party A and _________ to settle the debt and fulfill all other obligations in accordance with the contract, otherwise it shall be two years from the date of termination of the contract.
Article 3 prohibits the industry
The business referred to in this Agreement that competes with the franchise system shall be understood to be the same and similar business areas as Headquarters, including the following industries:
_________ industry, including _________;
_________ industry, including _________;
_________ industry, including _________.
Article 4 Prohibited Areas
Party B shall bear the geographical scope of the non-competition obligation, including the actual operation of the headquarters franchise system and the province in which the “franchise contract” is being prepared for operation when Party B participates in the non-compete behaviors stipulated in this Agreement.
Article 5 Exclusions
In view of the long-term engagement of Party B in _________, Party B may continue to engage in the original business within the _________ industry and _________ geographical area after the termination of the contract, but may not carry out franchising and _________.
Article 6 Compensation
After the termination of the contract, Party B shall give Party B compensation during the period of fulfilling the non-competition obligation. Party A shall compensate _________. However, if Party B terminates the contract due to Party B's breach of contract, Party B shall not be entitled to compensation at the same time as undertaking the non-competition obligation. With the consent of the headquarters, Party B may waive the right to require Party B to bear the non-competition obligation, and Party B will no longer be compensated.
In the event that Party B terminates the franchise contract during Party B's performance of its non-competition obligations, _________ shall be liable for compensation.
Article 7 Payment
Party B shall pay compensation to Party B. Party B shall, in accordance with the time specified by Party A, collect compensation from Party A's financial department. If Party A fails to pay on time, Party B shall appeal to the headquarters, and the headquarters shall resolve it within _________ months; if the time limit is still unresolved, Party B shall no longer bear the obligation of non-competition. Otherwise, Party B shall not be exempted from the competition. Prohibition of obligations.
Article 8 Reservation rights reserved at Headquarters
The non-compete obligations and other obligations assumed by Party B in accordance with this Agreement are deemed to be the corresponding rights of the Headquarters. After Party A terminates the franchise contract relationship with the Headquarters, and when the Headquarters deems it necessary, it may directly claim rights to Party B in accordance with this Agreement.
When Party A is a branch or franchise store, the headquarters has the right to directly exercise the right of compensation for violation of Party B's breach of contract, unless Party B has fulfilled its compensation obligations in accordance with the provisions of this Agreement.
Without the consent of the headquarters, Party A shall not waive the right to claim compensation from Party B. Otherwise, its actions shall be invalid and the Headquarters shall have the right to claim all or part of the rights waived by Party A in accordance with this Agreement.
Article 9 Supervision
Party A has the right to supervise and inspect Party B's obligations to undertake non-competition obligations. Party B shall perform the following obligations and cooperate with Party A's supervision and inspection:
Provide a copy of the certificate issued by the personnel file archiving agency to prove its labor relationship.
Provide a certificate for each quarter that proves that his or her employer has paid pension insurance;
_________.
If the obligor fails to provide the above-mentioned supporting documents or perform other obligations on time, Party A has the right to stop giving Party B compensation and does not exempt Party B from its non-competition obligations.
Article 10 Liability for breach of contract
Party B violates the non-competition obligations of this Agreement, and its income is owned by Party A and shall be compensated for losses. The amount of compensation for the loss is the benefit of the business in which B is involved in the period of default, or the losses suffered by Party A and the franchise system during the period of default, including reasonable expenses for stopping or investigating the breach.
If the benefits mentioned in the preceding paragraph during the period of breach of contract or the losses suffered during the period of breach of contract are difficult to determine, compensation shall be given to _________ million yuan or more _________ million yuan according to the circumstances of the breach of contract.
If Party B violates the non-competition obligations, Party A has the right to demand that it be liable for breach of contract and stop giving Party B compensation. After accepting the liability for breach of contract, Party B shall continue to perform its non-competition obligations and shall not have the right to request Party A to continue to compensate.
Article 11 Text of the Agreement
This Agreement uses the texts uniformly formulated by the Headquarters and may not be altered without authorization; if the contents are changed without authorization, the contents shall be invalid and shall be executed in accordance with the contents of the original agreement text.
One _________ part of this Agreement shall be deposited by Party A, Party B and _________, and shall have the same legal effect.
person A person B:_________
Legal representative: _________ Legal representative: ______
_________ year ____ month _ day _________ year ____ month ____ day
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