Catering franchise contract
1. Both parties to the contract
Franchisor:
Q company
Business license registration number:
Address: Postal code:
Licensee:
Business license registration number:
Address: Postal code:
In order to clarify the rights and obligations of the two parties in the franchise, this contract is specially made for mutual compliance.
2. License method and content
2.1 Party B voluntarily applies to join Q Company. After Party A grants the franchise right, Party B opens a franchise enterprise.
Licensee Name:
Registration place:
Legal representative: Position:
The nature of the franchise:
Business Address:
Postal code:
2.2 Party A grants franchise rights to Party B 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 trademarks and their business management standards and technical quality standards.
2.4 The business scope of the concession enterprise.
3. Franchise rights and security deposits
3.1 Before the conclusion of this contract, Party B shall pay Party A a one-time franchise fee of RMB 10,000.
3.2 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.
3.3 Before the conclusion of this contract, Party B shall pay Party A
Ten thousand yuan deposit. 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.
3.4 Party B shall remit the franchise franchise fee and deposit to the designated account of Party A after the conclusion of this contract.
3.5 From the date of commencement of the concessionaire, Party B shall, within the end of each month, remit the royalties of the franchise to the designated account of Party A.
3.6 The location of Party A's account is:
4. Party A's rights and obligations
4.1 Provide the certification materials needed to start a chartered company.
4.2 Provide professional training for the technical backbone personnel before the job, and conduct regular training.
4.3 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.
4.4 The right to distribute the special items, materials and tools of the Q company to the franchise enterprise.
4.5 The right to inspect, supervise, appraise and assess the service quality and quality of the concession enterprise at any time in various forms. In business guidance, help solve management and technical problems in production operations.
4.6 The right to inspect and review the financial status of the business activities of the concessionaire.
5. Rights and obligations of Party B and the concessionaire
5.1 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 construction area of square meters, and the sweeping party requires the decoration and renovation of the business premises to meet the acceptance criteria of Party A, and the opening and operating conditions of the franchise enterprise.
5.2 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.
5.3 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.
5.4 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.
5.6 Party B shall conduct the publicity activities according to the information provided by Party A, and shall not use the Q company logo in products and services other than the license enterprise.
5.7 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. Management and financial accounting system of the concession enterprise
6.1 The concession enterprise shall implement the management system and standard standards stipulated in Party A's Manual.
6.2 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.
6.3 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.
7. Party A sends personnel
Party A shall send to Party B the managerial 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 separately.
8, the use of trademarks
8.1 In the contract only, the following terms are defined as follows:
“Trademarks” are registered trademarks and/or any other logo or special mark associated with the trademark.
8.2 Party A is the legal owner of the registered trademark. Party B shall sign the Trademark Licensing Contract with Party A within the month from the date of signing this contract. Party B shall ensure that the licensee complies with the relevant provisions of the franchise.
8.3 If Party B and the franchise enterprise have problems in service quality and product quality due to their own business management responsibilities, and cause Party A's trademark reputation to be damaged, they shall compensate for the economic losses caused to Party A.
8.4 Party B and the franchise enterprise shall not expand the scope of use of the trademark in any form or method, and shall not produce or use any trademark mark similar or modified to the license mark of this contract in any way, and may not apply for registration in other countries or regions in any way or in any way. Application for a trademark.
8.5 Without the written consent of Party A, Party B and the franchise enterprise shall not use Party A's trademark-specific commodities outside the franchise enterprise, or carry out any activities that are detrimental to Party A's name.
9, confidentiality
9.1 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.
9.2 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 after the contract expires.
10. Insurance
Party B shall insure the property and employees of the franchise enterprise within the validity period of this contract. The insurance contract shall be reported to Party A for the record and the insurance premium shall be borne by Party B.
11. Breach of contract and punishment
11.1 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.
11.2 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. Produce or use a trademark similar to or modified from the licensed trademark;
4. Reducing the service quality or product quality of the concession enterprise, causing criticism and criticism by the public opinion tools or serious complaints from consumers;
5. The franchise enterprise does not pay the franchise usage fee according to the contract;
6. Do not accept Party A's supervision according to the regulations of the management system, or prevent Party A from conducting inspections;
7. Unauthorized changes to the rights and obligations of the contract.
12. Dissolution and termination of this contract
12.1 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.
12.2 Party A may cancel 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;
12.3 After the contract expires, if Party B requests to extend the franchise, it shall submit a written application to Party A before the expiration of this 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.
13. Responsibilities of both parties after the contract is terminated or terminated
13.1 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;
13.2 Party B shall return Party A's commercial and technical secret information within the day; return Party A's commercial logo, trademark, signboard and materials;
13.3 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.
14, force majeure
The force majeure referred to in this contract includes, but is not limited to, natural disasters, fires, water, wars, government actions, accidents, or events that are beyond the control or foreseeable by both parties. If the contract cannot be fulfilled or cannot be fully performed due to force majeure, Party A or Party B shall notify the other party in writing of the accident within the day.
The parties are responsible for the termination of this contract in advance due to the reasons of this paragraph.
15. Settlement of disputes
In the course of the implementation of this contract, if there is any disagreement between the two parties, it shall be settled through consultation. If the negotiation fails, the application may be submitted to the Suzhou Arbitration Commission for arbitration. The ruling is final and is legally binding on both parties.
16. Contract term
The contract is valid for the year from June 1, 2003 to the day of the year.
17. Supplementary rules
17.1 Party B promises that after 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.
17.2 This contract is made in two copies, and both parties are responsible for each.
17.3 The contract has not been completed, and a supplementary agreement has been established, which has the same legal effect as this contract.
17.4 This contract is effective as of the date of signature by both parties.
Franchisor:
Q company
Business license registration number:
Address: Postal code:
Licensee:
Business license registration number:
Address: Postal code:
In order to clarify the rights and obligations of the two parties in the franchise, this contract is specially made for mutual compliance.
2. License method and content
2.1 Party B voluntarily applies to join Q Company. After Party A grants the franchise right, Party B opens a franchise enterprise.
Licensee Name:
Registration place:
Legal representative: Position:
The nature of the franchise:
Business Address:
Postal code:
2.2 Party A grants franchise rights to Party B 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 trademarks and their business management standards and technical quality standards.
2.4 The business scope of the concession enterprise.
3. Franchise rights and security deposits
3.1 Before the conclusion of this contract, Party B shall pay Party A a one-time franchise fee of RMB 10,000.
3.2 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.
3.3 Before the conclusion of this contract, Party B shall pay Party A
Ten thousand yuan deposit. 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.
3.4 Party B shall remit the franchise franchise fee and deposit to the designated account of Party A after the conclusion of this contract.
3.5 From the date of commencement of the concessionaire, Party B shall, within the end of each month, remit the royalties of the franchise to the designated account of Party A.
3.6 The location of Party A's account is:
4. Party A's rights and obligations
4.1 Provide the certification materials needed to start a chartered company.
4.2 Provide professional training for the technical backbone personnel before the job, and conduct regular training.
4.3 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.
4.4 The right to distribute the special items, materials and tools of the Q company to the franchise enterprise.
4.5 The right to inspect, supervise, appraise and assess the service quality and quality of the concession enterprise at any time in various forms. In business guidance, help solve management and technical problems in production operations.
4.6 The right to inspect and review the financial status of the business activities of the concessionaire.
5. Rights and obligations of Party B and the concessionaire
5.1 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 construction area of square meters, and the sweeping party requires the decoration and renovation of the business premises to meet the acceptance criteria of Party A, and the opening and operating conditions of the franchise enterprise.
5.2 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.
5.3 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.
5.4 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.
5.6 Party B shall conduct the publicity activities according to the information provided by Party A, and shall not use the Q company logo in products and services other than the license enterprise.
5.7 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. Management and financial accounting system of the concession enterprise
6.1 The concession enterprise shall implement the management system and standard standards stipulated in Party A's Manual.
6.2 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.
6.3 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.
7. Party A sends personnel
Party A shall send to Party B the managerial 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 separately.
8, the use of trademarks
8.1 In the contract only, the following terms are defined as follows:
“Trademarks” are registered trademarks and/or any other logo or special mark associated with the trademark.
8.2 Party A is the legal owner of the registered trademark. Party B shall sign the Trademark Licensing Contract with Party A within the month from the date of signing this contract. Party B shall ensure that the licensee complies with the relevant provisions of the franchise.
8.3 If Party B and the franchise enterprise have problems in service quality and product quality due to their own business management responsibilities, and cause Party A's trademark reputation to be damaged, they shall compensate for the economic losses caused to Party A.
8.4 Party B and the franchise enterprise shall not expand the scope of use of the trademark in any form or method, and shall not produce or use any trademark mark similar or modified to the license mark of this contract in any way, and may not apply for registration in other countries or regions in any way or in any way. Application for a trademark.
8.5 Without the written consent of Party A, Party B and the franchise enterprise shall not use Party A's trademark-specific commodities outside the franchise enterprise, or carry out any activities that are detrimental to Party A's name.
9, confidentiality
9.1 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.
9.2 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 after the contract expires.
10. Insurance
Party B shall insure the property and employees of the franchise enterprise within the validity period of this contract. The insurance contract shall be reported to Party A for the record and the insurance premium shall be borne by Party B.
11. Breach of contract and punishment
11.1 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.
11.2 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. Produce or use a trademark similar to or modified from the licensed trademark;
4. Reducing the service quality or product quality of the concession enterprise, causing criticism and criticism by the public opinion tools or serious complaints from consumers;
5. The franchise enterprise does not pay the franchise usage fee according to the contract;
6. Do not accept Party A's supervision according to the regulations of the management system, or prevent Party A from conducting inspections;
7. Unauthorized changes to the rights and obligations of the contract.
12. Dissolution and termination of this contract
12.1 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.
12.2 Party A may cancel 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;
12.3 After the contract expires, if Party B requests to extend the franchise, it shall submit a written application to Party A before the expiration of this 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.
13. Responsibilities of both parties after the contract is terminated or terminated
13.1 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;
13.2 Party B shall return Party A's commercial and technical secret information within the day; return Party A's commercial logo, trademark, signboard and materials;
13.3 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.
14, force majeure
The force majeure referred to in this contract includes, but is not limited to, natural disasters, fires, water, wars, government actions, accidents, or events that are beyond the control or foreseeable by both parties. If the contract cannot be fulfilled or cannot be fully performed due to force majeure, Party A or Party B shall notify the other party in writing of the accident within the day.
The parties are responsible for the termination of this contract in advance due to the reasons of this paragraph.
15. Settlement of disputes
In the course of the implementation of this contract, if there is any disagreement between the two parties, it shall be settled through consultation. If the negotiation fails, the application may be submitted to the Suzhou Arbitration Commission for arbitration. The ruling is final and is legally binding on both parties.
16. Contract term
The contract is valid for the year from June 1, 2003 to the day of the year.
17. Supplementary rules
17.1 Party B promises that after 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.
17.2 This contract is made in two copies, and both parties are responsible for each.
17.3 The contract has not been completed, and a supplementary agreement has been established, which has the same legal effect as this contract.
17.4 This contract is effective as of the date of signature by both parties.
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