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[Boutique] franchise agreement


Article 1: Franchise Agreement

Based on the principle of sincere cooperation, strengthening and expanding, mutual benefit and common development, the terms of cooperation between the two parties are negotiated as follows;

One; Party A’s responsibilities and obligations;

Party A shall help Party B's operation, management education and development with its operating system, management system and education system. Party B shall enjoy the support and services below Party A;

After the cooperation, the tuition fees of the technical and skill training subjects of Party B's whole store staff are exempted, and each person pays only a small amount of water and electricity charges. Provide operators, store managers, and deputy directors three to five times a year to operate management, store practical training courses, from time to time to participate in store managers, cashier training.

Weekly performance report telephone call back, analysis and supervision of the store manager's operation and management, arrange the store manager's direct store to observe and study;

Communicate with the operator and the store adjustment plan, compare the new plan with the old plan, and communicate with the personnel structure cadre after the operator approves;

To help establish a reasonable shareholder organization structure and management system positioning;

, help plan the promotion mechanism in the store, and upgrade the employee's goal;

Help adjust the in-store products and price positioning plan;

Help to adjust the more reasonable salary commission plan in the store;

Help to adjust various storekeeping forms in the store;

To help design and produce various card forms for various card sales, event planning and activity lists in the store;

Help to adjust employee mentality, concept, sales, eloquence, charter, service process and cadre training;

Second; the mode of cooperation;

The cooperative counseling fee is RMB per year, and the cooperation time is from the date of the year to the date of the year;

Third; Party B's responsibilities and obligations;

Party B shall pay the contract on time, otherwise Party A has the right to terminate the cooperation;

Party B is the leading operator, Party A is the assistant and supervisory operator, and the two sides can communicate with each other to cooperate better;

Party B shall not do anything that damages the brand reputation of Party A, otherwise Party A has the right to terminate the cooperation and investigate Party B’s losses;

In case of timely consultation, cadres and employees should strengthen their periodic learning and improve their skills and skills.

5. Both sides should abide by the principle of cooperation, mutual benefit and common development. Party A and Party B can enhance the cooperation mode when conditions are ripe, and strive to obtain greater cooperation significance between the two sides.

Six; unfinished matters, the two sides resolved together in accordance with the principle of fairness. This Agreement is made in two copies. Each Party A and Party B shall hold one copy and shall enter into force after signing.

person A person B;

Address; address;

Article 2: Franchise Agreement

First, the parties to the contract

Authorized party: ______ Technology Development Co., Ltd.

Legal authorizer:

Legal address: 12A, Block A, ____ Road, Shanghai _ Zip Code: ______

Authorized party: ___________________________________

Legal representative: _____________

Legal address: __________________________________

After negotiation, Party A and Party B reached the following agreement on Party B’s operation of Party A’s “______” specialty store in a specific area:

Second, the contract period

The term of this contract is ________ years __month __day to ________ years __month __ days.

Third, franchise management

1. Party A hereby authorizes Party B to be a franchisee who becomes “______” in the region. After this authorization, Party A will no longer grant any other enterprises or individuals the same distribution rights in the region.

2. During the authorization period, when Party A provides Party B with “______” brand products, Party A shall ensure that the quality of the products provided meets the relevant national standards, the grades are consistent with the physical objects, and the supply of goods is guaranteed.

3. Party B guarantees to pay Party A RMB 10,000 yuan/store within 7 days of signing this contract. For the first time, each franchise store purchased the "______" branded products from Party A, at a price of not less than 10,000 yuan.

4. Party A guarantees to maintain a uniform retail price for products delivered to all franchisees in mainland China.

5. Party A will sell the “______” brand products to Party B at a discount of 4-4.5% of the retail price. Regardless of the first purchase or the subsequent purchase, Party B shall pay the goods at one time when picking up the goods.

6. If Party B uses fraudulent drafts or fake checks to defraud the goods, Party A will, in addition to prosecuting Party B's liability for breach of contract, request the judicial authorities to investigate the criminal responsibility of the relevant personnel and units.

7. After Party B purchases the product from Party A, if it is due to quality problems or the combination of goods, the product may be exchanged to Party A within five days from the date of purchase, but it may not be returned. Party B shall keep the original product intact, well-packaged and the label intact.

8. After the contract expires, if Party B decides not to sell the "______" brand products, the existing "______" products can be returned to Party A if Party B guarantees that the products are in good condition, the packaging is complete, the labels are not damaged, and the warranty period is not exceeded. square. Party A shall recover the returned product at a discount of 40% of the supply price.

Third, the business site, store decoration and configuration

1. Party B shall conduct business and promotion activities in the areas agreed by both parties. Party B shall not extend its business activities and promotional activities outside the region without the permission of Party A.

2. The franchise store is laid at Party B, or Party B may select other sites and report to Party A for approval.

3. In order to maintain the unity of the company's brand image, the franchise store shall be freely decorated by Party A. The decoration project shall be quoted and constructed by Party A's engineering department. Party B shall pay the decoration project according to the project budget and assist in handling the relevant procedures in the local construction. . Party A will deliver the store to Party B within days after receiving the project payment.

4. The business needs of the franchise store are designed and produced by the headquarters. For the packaging materials, promotional gifts, delivery bags and other ancillary materials and consumables necessary for operation, the franchisees must use the products equipped at the headquarters. The fees involved above are borne by the franchisee.

Fourth, promotion and advertising

1. During the authorization period, Party A will assist Party B to carry out the image design of the “______” brand, and provide Party B with corresponding product promotion materials, logos, and posters. Party A may assist Party B to carry out product promotion and promotion activities at specific times and regions according to Party B's operating conditions and requirements.

2. Party A shall carry out the overall promotion activities of the “______” brand. Party B must cooperate with the relevant “______” brand products for promotion, promotion planning and advertising design provided by Party A, and Party B shall comply with it. Party A shall give preferential treatment to the products involved in the promotion activities on the basis of the supply price according to the proportion of the sales discount.

3. When Party B conducts the publicity and advertising activities related to the “______” brand separately, Party B shall inform Party A in advance and obtain the consent of Party A before proceeding. The relevant advertising image design must be reviewed by Party A or provided by Party A.

4. Party B shall bear the promotion of sales promotion activities and expenses.

V. Training and guidance

1. In order to enable the franchise store to operate well, Party A shall teach the franchisees the necessary knowledge and business skills before the opening of the business and during the execution of this contract.

2. Before the opening of the franchise store, the shop owner or two employees who can undertake the business shall be dispatched to participate in the education and training prescribed by Party A, and obtain the necessary knowledge and technology for operating the company's stores.

3. After the opening of the business, if Party A has training instructions, Party B must also send personnel to participate in the further education as prescribed in the preceding paragraph and obtain the necessary knowledge and skills.

4. The franchise store bears the travel expenses of the incoming training.

5. Three days before and after the opening of the franchise store, as the store operation period, Party A shall dispatch personnel to the franchise store for opening and operation guidance.

6. Party B must participate in the annual sales meeting and temporary operator meeting organized by Party A. Party A shall notify the date of the meeting four weeks in advance.

7. In addition to the operator meeting, Party A will dispatch Party B to the Party to conduct guidance and training from time to time.

6. Trademarks, service marks and related rights

1. All trademarks, service marks and related rights in this contract are the property of Party A.

2. Party A promises that during the execution of this contract, Party B's franchise stores may use Party A's trademarks, service marks and indicate these signs, marks, styles, labels and signs.

3. Party B shall not use all trademarks and service marks of Party A outside the franchise store.

4. Party B shall provide good services to customers during the operation and maintain the reputation, reputation and good image of Party A's brand.

5. The two parties hereby clarify that Party B has obtained the right to use the trademark and service mark of Party A and the distribution rights of the product within the authorized period during the authorization period. This does not mean that the trademark, brand and goodwill of Party A are related. Any transfer or license of intellectual property rights. After the contract expires or is terminated early, Party B shall not continue to use the “______” brand under any pretext or engage in any commercial activities under the name of “______” brand distributor.

Seven, competition restrictions

1. During the contract period, if Party B intends to obtain the “______” franchise agency right in the province and city where it is located, Party B may obtain the franchise agency rights of Party A under the same conditions.

2. In order to express sincerity to Party A's cooperation, Party B has the priority of agency rights during the contract period, if Party A launches a new series of goods and services other than “______”.

3. During the authorization period, Party B shall not accept any other enterprise or individual's authorization or entrustment to represent and distribute other brands' products in the franchise store.

4. Party B shall not transfer the distribution rights granted by Party A to any third party in various forms without the permission of Party A.

Eight, service quality control

1. In order to maintain the consistency of the products and services sold by the franchisees and improve the company's image, the operation methods of the franchisees must comply with the requirements and standards stipulated in the operation manual provided by the headquarters.

2. If Party A has new products to be launched, Party B must purchase according to the minimum quantity or quantity, and sell the new products in time.

3. Party B shall, in accordance with the requirements of Party A, give the “Rose Card” membership and corresponding discounts to the customer when the purchase amount reaches the prescribed standard, and do a good job of registering and summarizing the member information and provide member information to Party A on a regular basis once every six months. information. Party B shall notify all members of any new product launch or product promotion activities, so that members can enjoy the continuous quality service from “______”. Party A will return to the member customers from time to time to check the quality of Party B's services.

4. Party A shall, in regular or irregular manners, provide written or other guidance to the franchisees in terms of purchase management, sales management, commodity management, commodity knowledge, health management, employee management, accounting treatment, store management, and store furnishings. Provide relevant information to help franchisees implement standardized management.

5. As the number of franchisees in Party A continues to increase throughout the country, Party A will conduct information management for all franchisees. If the contract is still in force during the implementation of this management, Party B shall comply with Party A's management regulations and shall not refuse to perform for any reason.

Nine, confidentiality

1. Except as required by law, Party A shall not display to Party 3 the business report and other relevant materials submitted by Party B and the information that is detrimental to Party B's interests. Party B shall not disclose to third parties the information on the technical and technical secrets provided by Party A to Party B in accordance with the provisions of this contract and the interests of Party A. Party B has the responsibility to ensure that its employees do not disclose the secrets of the preceding paragraph to third parties.

2. The above provisions stipulate that the confidentiality obligations of both parties are still valid after the expiration of this contract.

3. Party A's franchise store operation manual and other files provided to Party B in accordance with the provisions of this contract shall be owned by Party A. Party B shall properly keep it. When the contract is terminated, Party B shall immediately return Party A.

Ten, the franchise store's transfer and inheritance

1. Party B shall not transfer any or all of the rights stipulated in this contract to the third party without the prior consent of Party A, and shall not use this as a guarantee or other disposal.

2. If Party B's franchise stores are likely to have business interruption due to obvious difficulties, in order to maintain the operation of the franchise chain store, Party B may request the headquarters to temporarily replace the business. After the headquarters confirms that the franchise store can be re-operated, it should return the business right to the franchise store in time.

3. The income and losses incurred during the replacement of the above-mentioned headquarters are all franchise stores, and the expenses incurred by the headquarters for the operation of the franchise are borne by the franchise stores.

4. If Party B wishes to sell the franchisee or rent a store, Party A should first notify Party A that Party A has the right to give priority to and lease.

5. In the above situation, the two parties may determine the price of the franchise store and the lease fee through negotiation. When the negotiation intention cannot be established, both parties may apply for certification or evaluation with legal effect, and the expenses required shall be borne by Party B.

XI. Termination of the contract

1. The contract can be renewed 3 months before the expiration of the contract.

2. The contract renewal of the preceding paragraph shall be completed one month before the expiration of this contract. The two parties signed a new franchise chain contract as a cooperation text.

3. If the parties do not intend to continue cooperation after the expiration of this contract, Party B shall bear the following obligations at the termination of this contract:

a. Pay all fees payable to headquarters;

b. Return all operating manuals, confidential files and patent documents;

c. Transfer the “______ card” member registration register to Party A;

d. return, resell or destroy all signs and materials bearing the “______” commercial logo;

e. Cancellation of business registration and name registration registered in the name of “______”

f. Eliminate any signs of connection with “______” in the houses, equipment, furnishings, etc. inside and outside the original franchise business premises;

g. When the interests of the third party are damaged due to the operation of the franchise store, Party B shall be liable for compensation for the loss.

4. If Party A is claimed for the behavior of the franchise store, Party B may request Party B to pay the compensation for the recourse.

XII. Liability for breach of contract

1. Failure by either party to perform or not fully perform the obligations set forth in the terms of this contract constitutes a breach of contract, and the party breaching the contract shall be liable for breach of contract.

2. The parties agree that the amount of default shall be 10% of the total retail price of the products provided by Party B before Party B. If the breach of contract causes losses to the other party and the loss exceeds the total amount of liquidated damages, the defaulting party shall also be responsible for the partial liability for the excess. The party breaching the contract has not corrected within 30 days after the other party has submitted the correction opinion in writing, and the other party has the right to terminate the contract and has the right to demand compensation from the other party.

XIII. Settlement of contract disputes

1. Any dispute arising from the execution of this contract shall be negotiated by the two parties first. If the negotiation fails, both parties shall have the right to arbitrate to the Shenzhen Arbitration Commission.

Fourteen, other

1. This contract shall become effective on the date of signature and seal by both parties.

2. The original of this contract is in duplicate, each party holds one copy, and each share has the same legal effect.

Party A: ______ Ltd. Party B:

Address: Address:

Telephone and fax: Telephone and fax:

Delegated representative: Delegated representative:

Article 3: Franchise Agreement

First treaty

The manufacturer's name _________, its legal address _________, agrees to grant the exclusive agent of the following products _________ to the agent, the agent's name _________, and the company's legal address _________.

The agent prioritizes the promotion of new products in the following designated regions: _________.

Article 2 Agent's duties

The agent should expand the user in the area and the agent should forward the received quotation and order to the manufacturer. The agent has no right to represent the manufacturer or sign any contract with restrictions. The agent shall explain the terms of sale specified by the manufacturer to the user. The manufacturer may refuse any inquiry and order forwarded by the agent without any restrictions.

Article 3 Terms of Reference for Agency Business

The agent is a full-fledged agent of the _________ market, and should collect information, strive for users, and try to promote the sale of products. The agent should be proficient in the technical performance of the product being promoted. The agent’s commission should include the cost of the sale.

Article 4 Advertising and Exhibition

In order to promote the sale of products in the region, the agent should publish all necessary advertisements and pay for the advertising. Any participation in the trade fair shall be handled after prior consultation between the parties.

Article 5 The financial responsibility of the agent to the user

The agent should take appropriate measures to understand the ability of the local orderer to pay and assist the manufacturer in recovering the payment due. The usual payments and assistance in recovering the payables should be borne by the manufacturer.

The agent has no right or obligation to accept payment in the name of the manufacturer without consent.

Article 6 User's opinion, the role of the agent

The agent has the right to accept the user's opinions and complaints about the product, notify the manufacturer in time and pay attention to the immediate interests of the manufacturer.

Article 7 Continuously provide information to manufacturers

The agent should try to provide the manufacturer with information on the market and competition of the goods, and send a work report to the manufacturer every four months.

Article 8 guarantees no competition

The agent should not compete with the manufacturer or help others with the manufacturer, and the agent should not manufacture the agent product or the product similar to the agency, nor should it profit from any company that competes with the manufacturer. At the same time, the agent should not represent or sell any product that is the same or similar to the agent product.

Once this contract is in force, the agent should notify the manufacturer of a binding agreement with other companies. Whether acting as an agent or distributor, any agreement signed thereafter shall inform the manufacturer that the agent must not neglect its obligations to the manufacturer and affect the completion of the task while performing other activities.

This Agreement provides that within 5 years after the termination of this Agreement, an agent shall not produce and sell similar products for competition. Within one year after the termination of this Agreement, the agent shall not be able to represent other similar products and compete.

All product designs and specifications are owned by the manufacturer and the agent shall return it to the manufacturer upon termination of the agreement.

Article 9 Confidentiality

The agent shall not disclose the manufacturer's trade secrets during the term of the agreement or after the agreement is terminated, nor may the secret be used beyond the scope of the agreement.

Article 10 Subcontracting Agent

The agent may employ a subcontracting agent with the prior consent of the manufacturer, and the agent shall be fully responsible for the activities of the subcontracting agent.

Article 11: Infringement of industrial property rights

The agent shall inspect the market. If a third party is found to have infringed the manufacturer's industrial property rights or any illegal act that is detrimental to the manufacturer's interests, the agent shall report to the manufacturer. The agent shall use its best endeavours and in accordance with the manufacturer's instructions to assist the manufacturer against such actions and the manufacturer will bear such costs outside of normal agency activities.

Article 12: Scope of exclusive sales rights of agents

The manufacturer may not agree to the right of another person to obtain an agent or sale agreement product in the area. The manufacturer shall notify the agent of the order it receives directly from users in the area. The agent has the right to obtain the commission for the order in accordance with Article 15.

Article 13: Continuously providing information to agents

To facilitate agency activities, the manufacturer shall provide the agent with all necessary information including sales, price lists, technical files and advertising materials. The manufacturer shall promptly notify the agent of any changes in product prices, sales or payment methods.

Article 14 Technical assistance

The manufacturer shall assist the agent's employees in obtaining technical knowledge of the agent's products. The agent shall pay for the transportation and wages of his employees, and the manufacturer shall provide accommodation.

Article 15 Commission amount

The commission of the agent is based on the agreed product that is sold and signed each time, and the percentage of commission is as follows: _________.

Article 16 Equal commission

Two agents in two different regions have made great efforts to obtain orders. When the order is at the location of one agent and the manufacturer of the supply is located at the location of another agent, the commission is equally distributed by the two agents.

Article 17: Commercial failure, contract termination

The inquiry or order introduced by the agent, if the manufacturer does not accept, there is no commission. If the order contract introduced by the agent has been suspended, the agent has no right to request a commission. If the suspension of the contract is due to the manufacturer's responsibility, this is not the case.

Article 18 Method of calculating commission

Commissions are calculated on the invoice amount, and any additional charges such as packaging, transportation, insurance, customs duties or customs duties imposed by the importing country should be invoiced.

Article 19: Claims for commissions

The agent has the right to receive a commission on a pro rata basis based on the payment for each user purchase. If the user does not pay the full payment, the commission will be charged proportionally according to the manufacturer's paid payment. If the user refuses to pay the purchase due to the manufacturer's reasons, this is not the case.

Article 20 Time for payment of commission

The manufacturer shall explain to the agent quarterly the commission amount and the relevant business for paying the commission. The manufacturer shall pay the commission within 30 days after receiving the payment.

Article 21 Currency for payment of commission

Commissions are calculated and paid in the currency of the transaction.

Article 22 Excluding other remuneration

The full cost incurred by the Agent in fulfilling its obligations under this Agreement shall be paid in accordance with the provisions of Article 19, unless otherwise promised.

Article 23 Term of the Agreement

This Agreement shall enter into force after the signature of both parties. After one year of implementation of the Agreement, one party may terminate the Agreement by giving three months' notice. If the agreement is not terminated on that date, it may be notified 3 months in advance and terminated on December 30 of the following year.

Article 24 Early termination

As stipulated in Article 23, neither party has the right to terminate this Agreement in advance. This Agreement may be terminated only if it is fully convincing in accordance with the applicable _________ law.

Article 25 Return of Archives

Upon expiration of the agreement, the agent shall return all advertising materials and all files provided by the manufacturer referred to in Article 13 to the manufacturer.

Article 26 Return of inventories

When the agreement expires, if the agent stores the agent products and spare parts, the agent shall return it according to the manufacturer's instructions, and the cost shall be borne by the manufacturer.

Article 27 Unfinished business

When the agreement expires, the agent shall terminate the application and, after the expiration of the agreement, the agreement shall be executed and the agent's commission shall be paid in accordance with paragraph 15. The agent shall still be responsible for fulfilling the obligations of the agreement at that time.

Article 28 Compensation

If the agreement is terminated due to a breach of contract by one party, no compensation will be awarded due to the termination of the agreement or the failure to re-sign the contract.

Article 29 Applicable Law

This Agreement applies to the laws in force in the country where the manufacturer's headquarters is located _________.

Article 30 Arbitration

Any dispute arising out of the execution of this Agreement shall be settled in accordance with the _________ law of ______. The complainant and the respondent should each appoint an arbitrator and both parties should nominate a notary.

If two arbitrators fail to reach an agreement on nominating a chairman within 30 days, the arbitration shall have the right to nominate the third arbitrator as the chairman. The ruling of the arbitration is final and binding on both parties.

Article 31 Changes

Changes or additional terms of this Agreement shall be in writing.

Article 32 Prohibition of Transfer

This Agreement may not be transferred without prior consultation.

Article 33: Lien

The agent has no lien on the manufacturer's property.

Article 34: Invalid clause

If one or more of the terms of the agreement are invalid, the remaining provisions of the agreement remain in force.

This Agreement is in the form of _________ copies, and each party shall hold ______ copies.

Manufacturer: _________ Agent: _________

Legal representative: _________ Legal representative: ______

_________Year ____________________________________________

Place of signing: _________ Signing location: _________

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