In daily life and work, agreements are used more and more. Signing agreements can protect both parties by law. What problems should I pay attention to when writing an agreement? The following is the shopping mall management agreement I collected for you. Welcome to read and collect it. Shopping mall operation agreement 1
Employer: Company (hereinafter referred to as Party A) Contractor: (hereinafter referred to as Party B) In order to improve the economic benefits of the shopping mall and clarify the rights and obligations, Party A and Party B, based on the principle of seeking truth from facts and mutual benefit, have reached the following terms on the overall contracting of shopping mall employees, which are expected to be implemented by both parties.
1. The contractor referred to in this contract refers to a full-time employee currently working in a shopping mall, which is located on the first floor of downtown street and covers an area of about square meters.
2. The contracted operation period of the shopping mall is years, from year to year, and the contract expires.
3. The total contracting fee of Party B for contracting the shopping mall is RMB 1,. Yuan. Upon the expiration of the contract, Party B must pay the contracting fee to Party A in one lump sum.
iv. during the contracted operation period, party a will provide the products, facilities and equipment of the shopping mall to party b for free, and provide an interest-free loan of RMB 1, yuan for the working capital of the shopping mall. party b must ensure that the assets, facilities, equipment and funds of the shopping mall are safe and complete.
5. during the contracted operation, the salary of all employees in the mall shall be approved by the company, and the monthly salary expenses shall be borne by the mall. The holiday subsidies shall be implemented according to the company's regulations, and the expenses shall be borne by the mall, and the quarterly bonus and year-end bonus shall be paid by the company.
VI. During the contracted operation period, Party A must create a good business service environment for Party B and assist Party B in promotion, external coordination and handling of emergencies and major accidents.
VII. During the contracted operation, Party B shall operate independently, conduct independent accounting and be responsible for its own profits and losses, and Party A shall not interfere for any reason. Party B shall solely bear the creditor's rights and debts in the course of operation and the economic, safety and legal responsibilities arising therefrom.
VIII. During the contracted operation period, Party B must abide by the national laws, policies and regulations, abide by the law and pay taxes according to the regulations, and shall not engage in illegal activities in the shopping mall, otherwise, all consequences arising therefrom shall be borne by Party B, and Party A shall not make any compensation or compensation to Party B..
IX. During the contracted operation, Party B shall not sublet, lend, transfer, donate or mortgage the assets, facilities, equipment and funds of the mall, and shall not change the structure and use of the mall without authorization, and shall be responsible for the daily maintenance of the mall and pay the maintenance fees.
1. during the contracted operation, party b must strictly implement the policies and regulations on fire control, food, hygiene and safety, consciously accept supervision and inspection, and bear relevant legal and economic responsibilities alone.
Xi. during the contracted operation period, party b must bear all the operating costs and taxes incurred in the operation process.
12. during the contracted operation, if the government or the company commandeers the shopping mall, both parties will unconditionally implement it, and this contracted operation contract will automatically terminate. Party A will not make any compensation or compensation to Party B, and Party B's salary and welfare will be borne by the company.
XIII. In the middle period of contracted operation, the company has the right to assess Party B's achievement of profit targets. If Party B's achievement of profit targets is less than%, the company has the right to replace the person in charge of the mall and adjust the corresponding wages and benefits.
XIV. At the end of the year, the company will organize an audit on the completion of the business objectives of the shopping mall, so as to assess the implementation of the contracted contract of the shopping mall: if the contracted profit objectives are completed, the employees will receive full performance pay, otherwise, the performance pay will be cancelled. If the profit target is exceeded,% can be withdrawn according to the excess part, and extra bonus can be paid according to the number of employees in the mall.
XV. In case of any dispute between Party A and Party B during the execution of the contract, it shall be settled through friendly negotiation. XVI. Matters not covered in this contract shall be discussed separately by both parties.
XVII. this contract is made in duplicate, one for each party, with the same legal effect, and comes into effect after being signed by the representatives of both parties.
representative of the employer (signature):
representative of the contractor (signature):
mall operation agreement of
Party A:
Party B:
In order to give full play to the respective resource advantages of Party A and Party B, the following cooperation agreement is reached through friendly negotiation:
Article 1:
1. Two-story steel structure building (including? The wall of the parking square house is used for Party B to jointly operate the building materials and furniture decoration market.
2. Party B cooperates with Party A with its brand, management mode, marketing planning and experience in managing the traditional building materials circulation market, and jointly manages the building materials furniture decoration market.
3. Party A and Party B jointly set up a registered cooperative company in Tanggu District, Tianjin, which is responsible for daily operation and management.
article 2 term of cooperation:
the term of cooperation between party a and party b is tentatively set at five years, from XX to XX, counting from the opening of the cooperative market.
Article 3 Conditions for cooperation:
1. Party A shall provide the business premises according to the standards in Annex (1);
2. The rentable area shall be subject to actual measurement and calculation.
3. Party B's investment and rental rate for this project (calculated by the rentable area) is over 8%;
4. party a shall pay RMB only (¥) to party b every year in the form of basic management fee. Payment method is. The payment method for the first year of cooperation is detailed in Supplementary Agreement (I).
5. The average rent is less than RMB? For square meters per month, Party B only charges% of the annual management fee.
6. Party B shall complete the investment invitation for this project before XX.
Article 4 Obligations of Party A:
1. Party A shall be responsible for interior and exterior decoration of all houses according to Party B's design, operation and management requirements, and pay all decoration expenses in time.
2. add necessary and qualified facilities such as fire fighting, electricity, water, heating and escalators to the cooperative market, so that the house is suitable for operating the building materials and furniture decoration market and meets the national fire fighting management standards.
3. after the signing of this agreement, party a shall deliver the house that meets the above conditions to party b for acceptance and use in the operation of the cooperative company before XX.
4. Party A is responsible for coordinating and handling the relationship with local departments and striving for various preferential policies and tax relief. And before the opening of the mall, provide a full set of legal documents that can be put into operation in the building materials and furniture decoration market.
5. Party A shall guarantee that within the validity period of the agreement, the owner of the whole house and land is Party A, and Party A shall not divide or lease the house and land. When signing the cooperation agreement, Party A shall provide Party B with a copy of the property rights information, and Party A shall guarantee the authenticity of the information.
Article 5 Obligations of Party B:
1. Be responsible for using the corporate brand, management and operation mode, marketing planning experience and customer resources owned by Party B for the cooperative company.
2. Be responsible for the overall design of the house decoration, and deliver the design scheme to Party A before XX. After the approval of Party A, Party A shall be responsible for the construction.
3. Be responsible for the marketing and investment promotion in the early stage of the cooperative market, and make the market open for business
days (that is, XX) after Party A delivers the houses that meet the agreed conditions.
Article 6 Operation and management mode of the cooperative company:
1. The name of the cooperative company of Party A and Party B is xxxxxxxx Plaza, with the registered capital of RMB, of which Party A and Party B each hold% and%, and both parties have contributed in RMB.
2. The board of directors of the cooperative company is composed of three persons, with Party A appointing two directors, one of whom is the chairman (legal representative) and Party B appointing one director. As executive general manager.
3. Party A appoints the relevant financial director to the cooperative company to be responsible for the company's financial work; Party B appoints the executive general manager to the cooperative company. Be fully responsible for the daily operation and management activities of the company, and the executive general manager shall report the work and financial statements of last month to the chairman before the 1th of each month. During the first year of cooperation, Party B may appoint a marketing manager to assist the general manager in the management and investment promotion of the shopping mall.
4. Party A and Party B hold board meetings at least twice a year to decide on major issues of the company.
5. The cooperative company will set up a management team mainly with the executive general manager appointed by Party B.. Party A has the right to recommend management personnel except the executive general manager, but they can only be appointed after passing the examination by Party B.. In order to reduce the cost, the cooperative company should try to hire local employees.
Article 7 Cost sharing methods of the cooperative company:
1. The budget and final accounts of the interior and exterior decoration of the house shall be confirmed by both parties in writing, and the interior decoration signboard shall be depreciated into the operating cost of the cooperative company in years, while the exterior decoration, fire protection, heating facilities and escalators shall not be included in the depreciation cost of the cooperative company.
2. The expenses of water, electricity, communication, operation and management, advertising, wages and taxes required by the operation of the cooperative company are all included in the cost. The annual advertising expenses of the cooperative company shall be used according to the budget, and shall not be higher than 1 million yuan in principle. Other costs and expenses shall be reported by Party B to the Board of Directors in writing at the beginning of each contract year. It can only be implemented after the approval of the board of directors.
3. The organizational structure and salary standard of the cooperative company are as follows: (see Supplementary Agreement II for details)
4. The debts, loans and interest incurred in the market before Party A and Party B set up the cooperative company shall be paid by Party A's organization funds. Party B shall not bear any responsibility.
5. without the written consent of party a, party b shall not use xxxxxxxxxx plaza to borrow money, guarantee or mortgage. Otherwise, Party B shall bear all consequences arising therefrom. At the same time, Party B, as the sole management party, will not bear all the debt relations arising from the cooperative company.
article 8 profit distribution:
1. profit refers to the distributable net profit determined on the basis of the above-mentioned cost sharing.
2. Profit shall be distributed according to the following principles:
(1) The average lease price agreed in the contract for the first year of the market (i.e. RMB/? , month), the annual rent increase coefficient index is the basic standard during the contract period. Party B shall guarantee the basic income of Party A during the cooperative operation.
(2) if the actual average rental price in the market is within 12% (including 12%) of the agreed average rental price, Party B may take% of the higher part as the profit share.
(3) if the actual average rental price in the market is more than 12% of the agreed average rental price, Party B may take% of the higher part as the profit share.
3. The cooperative company shall conduct a financial audit on December 3th every year to determine the distributable profits and distribute them in one lump sum.
Article 9 Disposal of assets upon the expiration or termination of the cooperation period:
1. Upon the expiration of the contract, if Party A and Party B decide to terminate the cooperation, the house, related facilities and decoration shall be owned by Party A, and the enterprise name of Tianjin xxxxxxx Plaza shall be owned by Party B, and Party B shall not use the enterprise name containing "xxxx" any more.
2. during the cooperation period, the contract is terminated due to one party's breach of contract or both parties' negotiation. Except for the liability for breach of contract according to the agreement, others shall be handled according to the above principles.
Article 1 Liability for breach of contract:
Party A and Party B shall strictly perform the agreement. If one party breaches the agreement, it shall pay RMB to the other party as liquidated damages, and if the contract is terminated, the assets shall be treated as agreed in Article 9 of this agreement in addition to the liability for breach of contract.
other agreements in article 11:
1. For matters not covered, Party A and Party B shall negotiate a supplementary agreement separately. Signature confirmed by both parties also has legal effect.
2. in case of any dispute during the performance of this agreement, you can bring a lawsuit to the people's court where this project is located.
3. this agreement shall come into effect after being signed and sealed by both parties.
4. this agreement is made in quadruplicate, with party a and party b holding two copies respectively.
party a:
party b:
legal representative:
manager:
manager:
company address:
company address:
signing date:
signing date: store operation agreement 3
party a: On the basis of equality, mutual benefit and voluntariness, Party A and Party B reached an agreement to jointly operate the decoration engineering business, and signed the following agreements:
1. Subject matter of the contract
Party A invested and leased it as the office address of both parties to jointly operate the project, and according to this agreement, Party B has the right to operate and manage. Party B shall operate properly in accordance with the agreement and earnestly safeguard the goodwill of Party A..
ii. mode of operation
during the operation period of party b, independent accounting, self-financing, independent operation and independent employment shall be implemented.
III. Duration of cooperation
1. The duration of cooperation is years, that is, from the date of year to the date of year.
2. if the performance of the agreement is dissolved or terminated in advance according to the law or the agreement in this agreement, it is not limited by the above time limit.
iv. contract payment and payment
where party b is% of the total contract price, party a will make a commission. v. safety responsibility
party b shall purchase work-related injury insurance for construction personnel. During the contract period, Party B shall be responsible for all safety accidents, and Party A shall not bear any responsibility.
in the process of construction, the project quality dispute between Party B and the project entrusting party shall be settled by Party B itself, and Party A shall try its best to make adjustments.
VI. Rights and Obligations of Party A
1. Party A has the right to collect commission for the project payment as agreed.
2. after the signing of this agreement, party a shall promptly hand over the ownership of the contract to both parties for cooperation, and party a shall try its best to assist party b in undertaking business.
VII. Rights and Obligations of Party B
1. After each project is completed and settled, Party B shall timely pay the agreed percentage of commission to Party A according to the settled amount.
2. Party B shall operate legally.
VIII. Liability for breach of contract
Both parties shall fully perform the agreement, and if either party breaches the agreement, it shall bear the penalty of RMB _ _ _ _ _ _ _ to the observant party; If the liquidated damages are insufficient to make up for the losses of the observant party, it shall also compensate the observant party for its losses.
if one party breaches the contract, the observant party has the right to terminate the agreement or terminate the performance of this agreement in advance.
IX. If there are matters not covered in other
agreements, Party A and Party B shall make supplementary provisions through negotiation. Supplementary terms have the same effect as this agreement.
this agreement shall come into effect after being signed by both parties.
this agreement is made in duplicate, with each party holding one copy.
Party A: Party B: Store Management Agreement 4
Party A: Chengdu Jiahe Times Furniture Co., Ltd. (hereinafter referred to as Party A)
Party A and Party B (hereinafter referred to as Party B)
Based on the principles of honesty, mutual trust, innovative development and win-win cooperation, Party A and Party B have reached the following * * * understanding on the fee contracting of Wenjiang Shengdiya Store:
second, the way