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Brand franchise agreement


Party A: ________________________ Contract No.: ________________

Party B: ________________________ Signing place: ________________

In order to enhance the competitiveness of the _____ operating organization, establish a long-term, stable and efficient operation of the operating organization, according to the "Commercial Franchise Management Measures" and the "Contract Law" of the People's Republic of China, the contractual parties on the _____ brand licensing The relevant matters concerning the operation of the license shall be signed by this agreement.

Chapter 1 Franchise Product Projects, Business Scope, Objectives and Term

The first form and scope of the concession:

1. Party A authorizes the products operated by Party B to be “_____” brand __________ series products.

2. The area authorized by Party A to authorize Party B to operate is: ____ Province ____ City ____ jurisdiction, Party B shall not operate other similar businesses without the written permission of Party A.

The second task objective: The two parties determine the sales reimbursement amount of 10,000 yuan according to the market size, and execute according to the following terms. The actual sales time is based on the first batch of loading time.

Article 3 The term of Party B's authorization to operate Party B is: ____________________________________________________

Chapter II Business Scope

Article 4 Provisions concerning ordering, distribution, transfer and return.

1. Ordering method:

The amount of the first order payment: more than ____ million yuan.

The delivery amount of the seasonal product shall be subject to the delivery date of the product.

The delivery date of the renewal operation is based on the difference in fabric, quantity and amount. The confirmed time is subject to the confirmation of the joint order form of Party A and Party B.

2. Payment method: cash or transfer.

3. Trading principle: payment to delivery.

4. Mode of transport:

5. If the goods are lost on the way, if Party B can provide valid evidence of the carrier, Party A shall be responsible for the claim to the carrier, otherwise Party B shall bear the responsibility. After receiving the goods, Party B shall promptly inspect the goods. If there is any objection, it shall contact the Party A in writing within three days after picking up the goods; otherwise, it shall be deemed that the goods accepted by Party B are the same as those delivered by Party A.

6. Mode of transfer: If Party B is temporarily short of goods, Party A will try its best to assist in the transfer of goods according to its own inventory and other market stocks.

7. Seasonal product exchange regulations:

Product replacement period: Within ____ days from the date of delivery.

The round-trip freight is borne by Party B. If Party B's replacement is carried out within the time limit specified by Party A, all Party B's replacement Party A will not be exchanged.

If Party A's goods are reduced in price, Party B shall not return the goods at the original price, and then re-purchase the goods at a reduced price.

8. Return policy: If Party B has any objection to the quality of the product, it shall submit it to Party A within ____ days after receipt of the goods. If the quality problem is not submitted within the time limit, the quality inspection may be handled after the quality inspection of Party A's technical department is correct. The damage caused by non-quality problems shall be borne by Party B at its own discretion. If there are other quality standards and are approved by both parties, it can also be used as a quality standard.

9. Renovation requirements:

Party B's stores should reach the following areas: single-storey stores with a single-running juvenile wear series should not be less than __________ square meters; single-store stores that comprehensively operate all products should not be less than __________ square meters.

The decoration of Party B's shop shall be reported to Party A for unified design and construction and decoration according to the drawings. Party A shall provide design drawings to Party B free of charge. In order to ensure the uniform image of the national specialty stores, the business products shall be produced by Party A on a unified basis, and the expenses shall be borne by Party B.

Article 5 The provisions on retail prices shall be uniformly priced by Party A, and the sales price shall be the same. Party B shall not conduct any sale of price changes without prior written permission of Party A.

Article 6 Party B shall provide necessary business information in a timely, timely and accurate manner in accordance with Party A's operational operations, including: sales, financial statements, customer complaints, inventory and receipt records.

Article 7 Both parties shall strictly abide by Party A's "Concession Franchise Contract" and the "Joint Store Operation Management Manual" to operate the business.

Chapter III Payment of Franchise Expenses

Article 8: Performance bond: RMB yuan, for Party A to ensure that Party B fulfills this contract, and returns all within three months of the contract; if Party B violates the provisions of this agreement during the agreement, the deposit will be deducted or not refunded; Join Jin Yuan, as a brand management fee, not to return.

Article 9 Provisions for Advertising Fees: Party B shall complete the mission objectives, and Party A shall use the turnover of _____% as the advertising promotion fee for the scope of business of Party B, and each party shall bear _____%. The specific publicity plan must be implemented by Party A in a unified operation or Party B's proposal to report to the Party A, otherwise Party A's own advertising expenses will not be recognized. Moreover, if Party B cannot produce the same amount of funds for market input, Party A's sales incentives will not be honored.

Chapter IV Rights and Obligations of Both Parties

Party A’s powers and obligations

Article 10 has the right to supervise and inspect Party B's business activities and propose rectification opinions on the problems existing by Party B.

Article 11 provides relevant information on the opening of the operating franchise store and the operation management manual of the franchise store.

Article 12: Provide in-store furnishings planning and related sales equipment or production standards, including: shop layout map, merchandise display configuration table, tag, clothing monopoly certificate, power of attorney, etc.

Article 13 provides products and knowledge and information related to the products.

Article 14 provides staff training courses and business coaching for franchise stores.

Article 15 The unified planning of advertising and promotion activities.

Article 16 provides business information and all assistance related to business operations.

Party B's powers and obligations

Article 17 The legal documents required for the operation of the franchise store, including the lease contract of the business address and the expiration of the special authorization period of the turnover, shall not be postponed. The ownership of the firm shall of course belong to Party A, and Party B shall not use the trade name again.

Article 18: Subject to the supervision and inspection of Party A, the rectification opinions proposed by Party A shall be improved within the day.

Article 19: Employment of legal laborers to sign labor contracts and acceptance of employee training at headquarters.

Article 20 The vi manual shall be used in accordance with the regulations of the headquarters, including the design of the store, the provisions of the propaganda articles and the auxiliary products.

Article 21 The franchise store shall be operated in accordance with the instructions of Party A and the operation and management manual of the franchise store; the VIP card uniformly planned by Party A shall be accepted, and Party B shall bear the production cost and related discount fees.

Article 22 The amount paid to Party A on time includes: the payment for goods and the fees related to the franchise.

Article 23 Maintain and promote Party A's trademark, reputation and image, do not sell other brand products in franchise stores, and do not join the franchise business of other similar products.

Chapter V Provisions on the Use of Trademarks

Article 24 If the advertisements or promotional materials that Party B joins, such as the name, trademark or voice of the company name or trademark of Party A, Party A's written consent must be obtained in advance.

Article 25 Party B recognizes that the trademark and related intellectual property rights are wholly owned by Party A.

Article 26 Party B is obliged to assist Party A to register trademarks locally.

Article 27 Party B Haili shall register the trademark or the owner of the intellectual property right in the name of the franchise store, unless it has obtained written permission or instructions from Party A.

Article 28 If Party B is informed that any third party has infringed trademarks or related intellectual property rights, Party B shall immediately notify Party A and file a lawsuit under Party A's instructions, and the lawsuit fee shall be paid by Party A.

Chapter VI Provisions for Guarantee of Confidentiality

Party A guarantee

Article 29 guarantees the quality of the products provided and the return of defective products.

Article 30 guarantees the right to monopolize the scope of business and the priority of another store.

Article 31 The use of the trademark shall not violate the rights and interests of any third party. If there is a violation, the party shall be compensated for the loss.

Article 32 Under the premise of ensuring that Party B fulfills its due obligations, it shall enjoy the priority of renewal under the same conditions.

Party B guarantee

Article 33: Guarantee of non-competition:

1. During the contract period, Party B shall not operate, visit or involve any industry that is similar to or will compete with the business of goods sold by Party A.

2. Do not hire or attempt to hire an employee employed by Party A's headquarters within one year prior to the termination of the contract; or induce the employee to leave their original position.

3. The goods may not be sold in any way to any market outside the sales area of ​​Party B.

Article 34: Confirm that all materials relating to the affiliation belong to Party A's trade secrets, and warrant and declare that they will not use any information of Party A's franchise business at any time during or after the contract. Business use.

Article 35 guarantees and ensures that all employees who have obtained the above information will not disclose the above information to any person without the prior written consent of Party A.

Chapter VII Contract Termination and Liability for Breach of Contract

Article 36 In any of the following circumstances, Party A has the right to make a single _____-_____ yuan penalty, or notify Party B to unilaterally terminate the contract without any legal liability and any compensation.

1. Party B has not achieved sales for two consecutive months.

2. Party B violates any terms of the contract.

3. Party B shall sell other brands of products or counterfeit products similar to Party A's products in the store without the written consent of Party A.

4. Party B shall not perform the payment of various settlement fees in a timely manner in accordance with the contract.

5. Party B shall, in the absence of Party A's written consent, sell the products in any way to any market outside the prescribed area of ​​Party B. If found, Party A shall have the right to conduct the penalty.

6. Party B shall close its store under any circumstances without the written consent of Party A; or terminate the contract without any reason.

7. Party B's relevant personnel attempted to prevent any authorized party of Party A from entering Party B's business scope, warehouse scope and office scope for normal business operation supervision activities.

8. Party B destroys the good reputation and image of the “_____” trademark.

9. Party B shall, without the written consent of Party A, wholesale or set the retail price at or above the price permitted by Party A.

10. Party B failed to complete the company's annual minimum sales.

Article 37 Party B agrees that after the expiration of the contract or for any reason, Party A has the right to freely obtain all the items of Party B free of charge by Party A according to the contract.

Article 38 If Party B fails to comply with any provisions of the contract or violates any provisions of the contract, and Party A unilaterally cancels the contract to terminate the provision of products, Party A shall retain Party B's right to pursue compensation and take legal action.

Article 39 After the expiration of the contract period, without renewal or termination for any reason, Party B must immediately fulfill the following terms:

1. Pay the amount due to Party A.

2. The operation is terminated and the franchise certificate is returned immediately. From then on, no person or company may claim to be part of the company.

3. Stop using Party A's trademark or similar trademark or mark.

4. Return the relevant items and related materials provided by Party A free of charge to Party A.

5. The inventory goods that have not yet been sold, if Party A takes over the operation, Party A will settle the settlement according to the last unified adjustment price. The goods received by Party A are the goods within the next year from the date of expiration of this Agreement.

6. For in-store decoration, if Party A takes over the operation, Party A will compensate according to the two-year depreciation and Party B.

7. In the event of termination of the agreement between the parties, the termination agreement shall be implemented in accordance with the agreement between the parties.

Chapter VIII Supplementary Provisions

Article 40 This contract is a subordinate transaction contract. The two parties are independent legal persons and do not constitute a partnership.

Article 41 This contract shall not transfer any rights attached to the contract.

Article 42 During the execution of this contract, the parties shall, in the event of force majeure, fail to perform the contract, the parties shall immediately negotiate and deal with them in accordance with the relevant laws.

Article 43. Items not covered by this contract are subject to the provisions of the Contract Law of the People's Republic of China and the Administrative Measures for Commercial Franchising. The parties agree to use the location of Party A as the jurisdiction of the court.

Article 44 When the contract expires, the contract is naturally terminated. If the parties renew the contract, they shall submit a written opinion to the other party 30 days before the expiration of the contract.

Article 45. Matters not covered in this contract shall be supplemented by the two parties after consultation. The Supplementary Agreement is an integral part of this contract and has the same legal effect as this Contract.

Article 46 The original of this contract shall be in duplicate and shall become effective after being signed and sealed by both parties. Party A shall hold one copy and Party B shall hold one copy, which shall have the same legal effect.

Article 47 The right to interpret the contract belongs to the authorized licensor, _______ Garment Co., Ltd.

Party name: ____________ Party name: ____________

Address: ________________ Address: ________________

Phone: ________________ Phone: ________________

Fax: ________________ Fax: ________________

Legal representative: ____________ representative: ______________

Attorney: __________ Account Bank: ______________

Bank: ______________ Account: ________________

Account number: ________________ Tax ID: ________________

Date of signing: ____________ Signing date: ____________

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