Party A (franchisor): Address: Telephone: Party B (franchisee): Address: Telephone: After friendly negotiation, both parties, in line with the principles of good faith, mutual benefit and mutual development, In accordance with the provisions of the "Contract Law of the People's Republic of China" and relevant laws and regulations, the franchisor authorizes the franchisee to carry out "____________" franchise agency and promotion in the designated area, and reaches an agreement on relevant matters: 1. Purpose 1. Franchise The person legally owns the intellectual property rights of the "____________" series of products and brands. The licensee can only use the name, trademark, pattern, color and other legally protected intellectual property rights of "____________" (hereinafter collectively referred to as the name and trademark). 2. The franchisee is willing to use the franchisor's operating system and operating system to open and promote "____________" franchise chain stores and sell the franchisor's designated products in accordance with the terms of the contract and in the areas stipulated in this contract. 2. Legal status of the franchisee 1. The franchisee pays his own expenses in his own name and carries out his activities as an independent operator. The licensee is therefore subject to the same legal requirements for all operators, in particular rules regarding qualifications and social, financial and commercial requirements. As an independent operator, the Franchisee shall bear all risks and profits from its activities. 2. The franchisee is not the franchisor’s agent, sales representative, nor his employee or partner. The franchisee is not the commission agent of the franchisor, and the franchisee has no right to sign a contract in the name of the franchisor to make the franchisor liable to a third party in any aspect, or to bear the costs or obligations of the franchisor. 3. Various Rights Granted In order to enable the franchisee to operate normally, the franchisor grants the franchisee the following rights: 1. The right to use the name and trademark "____________________". 2. The right to obtain technical, commercial, legal and operational guidance from the franchisor during the introduction and operation process. 3. The right to operate designated products related to the "____________" specialty store in the approved area and approved building in accordance with the product patent fees and price system stipulated in this contract. 4. The right to enjoy the exclusive franchise agency rights in the area stipulated in this contract. 5. Enjoy the right to share the royalties (including trademark usage fees and advertising fees) of stores opened and developed in the approved area. 4. The regional franchisor authorizes the licensee to serve as an agent for the "_____________" franchise chain in ______ province______ city, enjoy the franchise agency rights of "_____________" specialty stores, and promote, sell, and distribute relevant designations within the above regions. product. 1. During the contract period, the licensee will open or develop no less than ____ franchise stores from ____ month of ____ year to ____ month of ____ year. 2. If the number of stores is not completed in any year specified above, the franchisor has the right to introduce a third party with the same rights as the licensee to operate, open and promote "_____________" franchise chain stores in the above-mentioned area starting from the following year. , or the franchisor has the right to unilaterally terminate this contract and cancel the franchisee's agency rights for the remaining period of the contract. 3. During the period of this contract, according to market changes, both parties can negotiate and formulate new store development goals or plans. After both parties reach an agreement and re-sign a supplementary agreement, the new development goals or plans will be implemented. 4. The franchisee shall not change or exceed the authorized business area. If the regulations are violated, the franchisor has the right to terminate this contract and cancel the franchisee's agency rights for the remaining period of the contract. 5. Authorization period 1. The authorized franchise agent promotion period is: from _____ month _____, _____ year to _____ month _____, _____ year. This contract becomes effective on the date signed/sealed by both parties. 2. When the contract expires, the franchisor will decide whether to renew the contract based on the performance of the franchisee. The franchisee must notify the franchisor whether to renew the contract at least _____ months before the expiration of this contract. If both parties fail to send a renewal notice, this contract will be terminated. 6. Decoration and equipment requirements 1. The building decoration franchisor will not sign a decoration agreement with the franchise stores in the area represented by the franchisee. The franchise stores will directly sign store decoration contracts with the decoration company according to the unified design. 2. The practical area of ??the stores opened by the licensee in the area approved by this contract shall not be less than __________ square meters, and the store locations must obtain the written consent of Party A.
3. The store equipment shall be reported to the franchisor according to the list by the licensee, and shall be uniformly distributed and installed by the company headquarters. 7. Brand image and management 1. Store image The licensee must supervise and maintain the decoration, equipment and appearance of each store in the area under his jurisdiction in accordance with the standards described in "__________" and the operation manual; when it does not meet the requirements , the franchisee is obliged to urge each store to readjust and decorate the store in accordance with the franchisor's requirements, including updating aging equipment. 2. The licensee and its employees must provide timely, courteous, friendly and effective services to customers and stores within their jurisdiction. and maintain the utmost honesty, fairness and ethical compliance with customers and the public. 3. The franchisee agrees to implement and supervise that the stores opened comply with the following terms established by the franchisor in the operation manual: (1) Correct methods and procedures for purchasing, displaying, storing, and selling goods; (2) Store safety, Maintenance, cleaning, operation and appearance; (3) Uniform image and appearance of the franchisee and its employees; (4) Use of all names and logos; (5) Guarantee of operating hours and maintenance of operating funds; (6) The use of signs, trademarks, posters, displays, standard configurations and related products; (7) The use of certification as a licensee recognized by the franchisor and the store owner under its management; (8) The content of advertising chosen by the licensee, Style and media approval; (9) Labeling and display of the source, type and brand of goods displayed or sold in the store; (10) Minimum inventory guarantee maintained by the franchisee; (11) Gifts and gifts permitted by the franchisor 4. Supervise the franchisee to strictly implement the franchisor's rules, regulations and policies regarding "__________" stores and promotions, and undertake the supervision of the operation, sanitation, etc. of each store in its agent area Management responsibility, responsible for supervising the operation, decoration, use of names and trademarks of each store in its authorized area, management, training, and service specifications of sales personnel, all of which must comply with the requirements of the franchisor, and promptly notify or correct any violations of the store or Make recommendations to the franchisor. 8. Personnel training and employment The franchisor should ensure the initial and subsequent training of the franchisee: 1. Before any activity begins, the franchisee and his employees must receive relevant training or guidance from the franchisor, and the franchisee should be familiar with Various terms and technical, commercial and administrative procedures. At the same time, the licensee is obliged to teach the above content and methods to relevant personnel in each store within its jurisdiction. 2. During the validity period of this franchise, the licensee shall arrange for its employees and relevant personnel in each store within its jurisdiction to participate. Date and location are determined by the grantee. 3. If the franchisor decides to change certain implementation methods, he must immediately notify the franchisee in writing. 9. Food Hygiene and Safety 1. The licensee is obliged to supervise the stores it opens or develops in compliance with the provisions of this contract. After signing the contract for the store, it must apply at its own expense for a business license, health license and other necessary requirements for operating the store issued by the local government agency. certificate. 2. If the franchisee discovers any abnormality or has doubts about food, semi-finished products, finished products, packaging materials, or food preparation equipment, he must immediately stop using it and report it to the franchisor. After confirmation or processing by the franchisor, it will return to normal or the doubts will be eliminated. , can be used normally. Otherwise, if related food safety accidents or disputes are caused, the franchisee shall bear all losses and legal liabilities, and the franchisor reserves the right to pursue the franchisee for any economic losses caused to the franchisor. 3. Regardless of any reason, if a food safety accident or dispute occurs in any store within the franchisee's jurisdiction, the franchisee must promptly notify the franchisor (by phone or fax) after the incident occurs, and the franchisee must immediately notify the franchisor. Properly arrange the personnel involved, otherwise the franchisor's reputation and related economic losses will be caused, the franchisor has the right to terminate this contract, and all fees paid by the franchisee as liquidated damages will not be refunded, and it reserves the right to hold the franchisee accountable for any consequences caused to the franchisor. rights related to economic losses. 4. All products must be sold within the shelf life. Products that have exceeded the shelf life must be destroyed by the franchisee. If the franchisee has a food safety accident or dispute due to the sale of expired products, the franchisor has the right to terminate this contract as a breach of contract. All fees paid by the franchisee are non-refundable, and the franchisee shall bear all losses and legal liabilities, and the franchisor reserves the right to pursue the franchisee for any economic losses caused to the franchisor.
10. Management fees and other fees 1. If the franchisee opens a store that meets the requirements of this contract, it must sign a separate "Franchise Contract" with the franchisor before opening, and the franchisor will charge a franchise fee of RMB________ for each store. / year, if the franchisee occurs to overcharge, conceal collection, report false amounts, etc., the franchisor has the right to refuse to recognize the legal status of the store, and the franchisor has the right to unilaterally terminate this contract, cancel the licensee's agency qualification, and the franchise The client has the right to re-select an agent in the region and reserves the right to pursue the franchisee for any economic losses caused to the franchisor. If the above-mentioned stores are directly operated stores opened by the licensee, the licensee must pay the franchisor a royalty fee of RMB________ in cash for each directly operated store opened. The above-mentioned royalties (i.e. RMB________ yuan/store) shall be remitted to the account designated by the franchisor. 2. The above fees paid by the franchisee to the franchisor must be paid by the franchisee to the franchisor in the form of transfer or cash: Account opening bank: ______________________________________. Bank account number:_______________________________________________. 3. The licensee shall not require the return of the above fees for any reason. 4. According to the needs of the market and development, the franchisor has the right to adjust the collection of store franchise fees, performance bonds, management fees, trademark usage fees, and advertising and promotion fees. 11. Rights and obligations of the franchisor 1. The franchisor is the holder of the name and trademark, and is therefore qualified to grant the licensee the right to use it. The Licensee's use of these rights does not prejudice the rights of any third party in the areas covered by this Contract. 2. The franchisor agrees to provide the following services to the franchisee before the commencement of any franchise: (1) Provide instructions to the franchisee including venue decoration and product display standards; a list of preparations required for business development; Provide model renovation terms and suggestions for modifications within the scope of the franchisee's license; make suggestions for any advertising and publicity activities carried out by the franchisee to carry out the franchise. (2) Provide high-quality product solutions to licensees and be responsible for the quality of the products. During the sales and storage process, if product quality liability is caused by the licensee, the licensee shall bear the responsibility. 12. Rights and obligations of the franchisee 1. The franchisor grants the franchisee the right to use the name and trademark as described in this contract. 2. The franchisee shall further develop the proprietary technology he obtained from the franchisor in accordance with the provisions of this contract. 3. The licensee and its employees shall participate in the necessary initial training courses organized in accordance with this contract. 4. The franchisee shall provide the franchisor with all suggestions for improvement and the experience he has gained in operating franchise activities. 5. The franchisee shall not supply goods to third parties of the franchisor outside the area approved by the franchisor. Otherwise, the franchisor has the right to terminate this contract and cancel the licensee's qualification as an agent. All fees paid by the franchisee will not be refunded, and The franchisor has the right to re-select agents in the area. 6. All paper cups, plastic bags, work clothes and other supplies used in "____________________" stores. All supplies and equipment that must be equipped in the store must be purchased from the franchisor. Otherwise, the franchisor has the right to unilaterally terminate this contract and cancel the franchisee's agency qualification. The performance deposit and franchise fee paid by the franchisee will not be refunded, and the franchisor has the right to re-select an agent in the region. 7. The franchisee is obliged to supervise that all "____________________" stores in the agent area shall not sell any other products other than the products designated by the franchisor. The products shall be prepared according to the formula provided by the franchisor and shall be obtained from the franchisor or the manufacturer designated in writing by the franchisor. Purchase raw materials. The franchisee shall promptly notify the franchisee of any violation of regulations to correct the violation or provide handling advice to the franchisor. 8. Once the franchisee discovers infringement or misuse of the franchisor's trademark, business name or other abbreviation, as well as any infringement or unfair competition, he shall immediately notify the franchisor of the situation. 9. The franchisee shall provide the franchisor with necessary assistance in legal proceedings in order to successfully reach a conclusion in the litigation. After prior written notice, the franchisee, if legally able to do so, shall enter into any available legal proceedings so that the franchisor's rights may be confirmed. 13. Renewal When the term of this contract expires, the licensee shall have the priority to renew the contract under the same conditions after the expiration of the contract if the following conditions are met: 1. The licensee has performed its obligations under this contract well and has not A relatively major breach of contract has occurred. 2. All due amounts have been paid to the franchisor. 3. Submit a written renewal application ____ months in advance.
4. If the licensee does not renew the contract after the expiration of this contract or gives up the performance of this agreement during the contract period, Party A must be notified in writing ____ months before the expiration of this contract. The licensee shall notify Party A after receiving Within one month after the franchisor's reply, the relevant information of all "____________________" stores in the area will be handed over to the franchisor. 5. If the franchisee does not indicate whether to continue to perform this contract and makes a written request ____ months before the expiration of this contract, the franchisor has the right to treat the franchisee as giving up its right to prioritize renewal, and the franchisor has the right to choose another contract. One party replaces the franchisee as the agent in the area, and the franchisee must hand over the relevant information of all "____________________" stores in the area to the franchisor within one month after receiving the notice from the franchisor; the franchisee must Within one month before the expiration of this contract, all "____________________" franchised stores in the original agency area will be transferred to the other party authorized by the franchisor for management. You must unconditionally cooperate with the franchisor and the other party authorized by the franchisor to handle and complete the transfer. All relevant legal procedures and documents. 14. Dispute Resolution All disputes arising out of or related to this Agreement shall be settled through friendly negotiation between Party A and Party B. If the negotiation fails, it shall be under the jurisdiction of the ________ People's Court. 15. Others 1. Upon consensus, Party A and Party B may modify this Agreement or supplement matters not covered; if the supplementary or modified content conflicts with this Agreement, the supplemented or modified content shall prevail. 2. If there is no stipulation in this agreement and Party A and Party B fail to reach a supplementary agreement, the provisions of national laws shall apply. 3. This agreement is made in ____ copies, and Party A and Party B each hold ____ copies. 4. This agreement will take effect after being signed by Party A and Party B. Party A (signature and seal): Contract signatory: Signing date: _____ year _____ month _____ Signing place: Party B (signature and seal): Contract signatory: Signing date: _____ year _____ month ____ _Day signing place: