In a society where development is accelerating, agreements are playing an increasingly important role. Signing agreements can resolve disputes in real life. How should an agreement be drawn up? Below are the brand franchise agreements I have collected for you. I hope it will be helpful to you. Brand Franchise Agreement 1
Party A: ______________
Party B: ______________
Party A and Party B adhere to the principle of sincere cooperation, mutual benefit and mutual development. In principle, the following agreement has been reached regarding Party A's permission for Party B to open the _________ clothing________ brand franchise:
1. Party A allows Party B to open "_______" brand ________ clothing in ____. Party B shall not transfer ____ to a third party without the written consent of Party A.
2. Party B shall handle industrial, commercial, taxation and other business procedures at the place of establishment of ______ at its own expense, and shall abide by relevant national laws and regulations and conduct legal operations. Party B shall be solely responsible for Party B's ______ claims and debts to third parties without any interference from Party A.
3. Party B’s decoration, advertising and image design must be implemented in accordance with Party A’s unified regulations.
4. Party A provides Party B with goods at a discount of _____ at a unified price (excluding tax), with cash in hand and payment for the goods to be paid in full. The transportation, insurance and other costs of goods from Party A's factory to Party B shall be borne by Party B. Party A will only bear the transportation costs in Wenzhou.
5. Party B must sell at the unified price specified by Party A. Party A will consider the retail price based on seasonal changes, market supply and demand and other factors, and notify Party B in a timely manner.
6. The exchange rate of the goods provided by Party A to Party B is _____ for the first batch, and the replenishment buyout is ____ discount. The exchange rate is calculated on a seasonal basis.
7. Party B guarantees that the monthly purchase amount will not be less than ___ million yuan. If Party B fails to reach the agreed purchase amount for three consecutive months, Party A has the right to terminate the performance of this contract.
8. The store and wholesale department shall not be less than ______ square meters.
9. In order to cooperate with Party A to grasp the market situation in a timely manner and enhance market competitiveness, Party B must report the sales and inventory status of the goods to Party A by fax every day, otherwise Party A will stop supplying goods. Party B’s replenishment must also notify Party A by fax.
10. The goods that Party B needs to exchange must be kept in good condition, and Party B shall be responsible for the cost of exchange. Party B can open branches in the same area or enter shopping mall counters for sales, but it requires on-site inspection and written consent from Party A. The inspection expenses shall be borne by Party B.
11. Party B cannot imitate the clothing provided by Party A on its own, and may not mix and sell clothing not provided by Party A in special stores. If found, the contract will be terminated.
12. When this contract is concluded, Party B shall pay Party A RMB _____ million yuan as payment for goods.
13. If Party B breaches the above requirements, Party A has the right to deduct part or all of the deposit as liquidated damages according to the circumstances, and reserves the right to further demand compensation for losses.
14. This contract is valid for one year, starting from ____ month ____, _______ year, and ending on ____ month ____, _______ year. When the contract is terminated, Party B shall return Party A's exclusive nameplate and all items bearing Party A's product logos.
15. This contract is made in two copies. Party A and Party B each hold one copy. It shall take effect after being signed or sealed by both parties. Another contract will be signed after expiration.
16. Matters not covered in this contract shall be resolved through separate negotiation between the two parties.
Location: __________________
Date: __________________
2. How to prevent legal risks in franchising
1. The franchisor should strictly Have corresponding qualifications in accordance with legal provisions. The franchisor should be an enterprise that has obtained a business license, should have "two stores for one year", a mature business model, and the ability to continue to provide guidance, training, and technical support. You cannot start franchising activities when these conditions are not met, and you cannot take chances to avoid unnecessary disputes.
2. The franchisor should promptly register in accordance with legal provisions to prevent the franchisee from filing relevant lawsuits on the grounds that the franchisor has failed to register. Registration is an administrative measure, which is the management of the franchisor, but it is also a kind of protection for the franchisee. Legal registration in franchise activities is of great significance to the franchisor.
3. The franchisor shall perform complete information disclosure obligations in strict accordance with legal provisions. Disclose the matters that should be disclosed by law to the franchisee in writing, and keep relevant evidence that the obligation has been fulfilled. It is best to compile a set of disclosure information in duplicate, signed by both parties, and keep one copy for each party. , to meet the need for evidence in future disputes.
4. There is a saying in life that "nine out of ten franchises are cheated". Although this is an exaggeration, it cannot be ignored that many franchisors do have such problems, and even a considerable number of them do. The franchisor is suspected of committing fraud. Therefore, before signing a contract, the franchisee must fully investigate the franchisor and review the information disclosed by the franchisor in detail. He must sign the contract rationally and not let the idea of ??getting rich quickly get in his head.
5. Both parties should make detailed agreements on their respective rights and obligations, procedures for performance of obligations, and corresponding liability for breach of contract as much as possible in the contract, so that in case of disputes, they can accurately identify their respective breach of contract and breach of contract. responsibility.
6. When concluding a contract, the franchisee should pay attention to the stipulation on the unilateral right of termination and try to agree on a definite period. If a definite period of time is not agreed upon, if the franchisee wants to exercise the right of unilateral termination, it should do so as soon as possible after the conclusion of the contract and cannot use the franchisor's operating resources.
7. After the contract expires, the franchisee should promptly remove plaques bearing the franchisor’s trademark, corporate logo, etc., and stop using corresponding intellectual property management resources to prevent being sued for infringement or breach of contract. Brand Franchise Agreement 2
Contract number: _________
Franchise party: _________ (hereinafter referred to as Party A)
Licensee: _________ (hereinafter referred to as Party B) )
1. General Principles
1. Party A and Party B, in accordance with the laws and relevant regulations of the People's Republic of China, and based on the principles of equality, voluntariness, mutual benefit, honesty and trustworthiness, This Agreement was voluntarily signed after full and friendly consultation, and shall be abide by by both parties.
2. Party A will grant the _________ brand business model to Party B in the form of a franchise to engage in _________ brand product business activities.
2. Purpose of the Agreement
1. Only after Party A and Party B sign this agreement, Party B can obtain the authorization from Party A to engage in business according to the location, period and scope stipulated in this agreement. _________Business activities of brand series products.
2. This agreement stipulates that Party A and Party B are in a franchise relationship. Party B shall enjoy all the benefits brought by operating the _________ series of products in accordance with this agreement and bear all risks.
3. Party B must meet the following conditions to be granted the franchise right:
1. Party B must be approved and registered by the Industrial and Commercial Administration Department of the People’s Republic of China and the State ________(municipal) It is a legal unit and has the qualifications for the corresponding business scope.
2. Party B must have a business premises of more than ________ square meters in a prosperous commercial area of ??_________ (city), decorate and arrange the store according to the unified standard image required by Party A and specialize in _________ brand series of products.
3. Party B’s first batch of purchase funds (in RMB capital letters) is _________ yuan. Party B must remit the first batch of purchase funds to Party A’s designated account within 10 days from the date of signing this agreement.
4. If Party B sells the _________ brand series of products supplied by Party A within the period and location specified in this agreement, Party B’s annual sales return shall not be less than (in RMB) _________ yuan.
IV. Rights and obligations of Party A and Party B:
1. Party A permits Party B to use the _________ brand logo, text, patterns and manuscripts approved in writing by Party A in In the licensed area and period of this agreement, it will be used for store fronts, windows, and interior decoration. Party B is permitted to use the _________ brand logo to print handbags and packaging, and Party B is allowed to use the _________ brand logo in various media within the concession area of ??this agreement to carry out advertising that is conducive to improving the _________ brand image.
2. After receiving the goods from Party A, if Party B finds that the goods are inconsistent with the invoice, Party B can notify Party A by fax within 7 days of receiving the goods for inquiry, otherwise Party A will handle it correctly.
3. This agreement stipulates that Party A is the sole supplier of Party B’s _________ brand series of products.
4. Party B must notify Party A one month in advance when adding, relocating, or renovating the _________ brand (including: specialty stores, counters, and stores-in-stores), and inform Party A of the addition or relocation. Please provide the detailed address and complete the store decoration in accordance with the unified standards and requirements stipulated by Party A. The store can only be opened and operated after it is approved by Party A. Otherwise, all losses caused thereby will be borne by Party B.
5. Party B must strictly implement the market retail price specified by Party A. Without Party A’s written permission, Party B shall not increase or decrease the price without authorization. If Party B violates this provision, Party A has the right to stop supply to Party B until the contract is terminated.
6. Party B can only sell _________ brand series products during the period of opening a _________ brand store or a shop-in-shop or a counter, and is not allowed to sell other brand products. If Party B violates this provision, Party A will Party A has the right to stop supplying goods to Party B, and Party A has the right to unilaterally terminate this Agreement.
7. Party B shall not sell _________ brand series products to areas outside the _________ area stipulated in this agreement. If violated, Party A has the right to stop supplying Party B. In serious cases, the franchise will be cancelled. Qualification, termination of contract.
8. Party B shall not produce, sell, transfer, hide, store or transport counterfeit _________ brand products. Otherwise, Party B must compensate Party A for all economic losses caused to Party A in terms of reputation, goodwill, trademarks, anti-counterfeiting expenses, etc.
9. Party B is obliged to maintain the reputation and image of the _________ brand and is obliged to assist Party A in cracking down on counterfeit _________ brand products.
10. Party B shall not disclose the product information and business secrets passed on by Party A to Party B to third parties. If Party B violates this provision, Party A has the right to terminate this Agreement early and will hold Party B accountable for its legal liability and the economic losses caused to Party A.
11. Party B must reconcile with Party A every month, and Party B must return the reconciliation results to Party A within 7 days after receiving the statement. If Party B fails to return the reconciliation results within the time limit, it will be deemed that Party B agrees with the full content and amount of Party A's statement.
12. Party B must abide by Party A’s business model. Party A has the right to guide and supervise Party B’s activities of operating _________ brand products.
13. If Party B fails to complete the sales collection quota stipulated in this agreement, or Party B fails to complete the store opening plan and store renovation plan specified by Party A as scheduled, Party A has the right to terminate the supply and terminate the contract. , and has the right to license third parties to engage in ________ brand franchise business in the market where Party B operates ________ brand products.
14. If Party B violates the provisions of this Agreement, infringes upon Party A's legitimate rights and interests, destroys the _________ brand franchise system, or encounters major debt problems and is unable to operate normally, or is ordered to suspend or revoke business by government departments If the license does not meet the operating qualifications, or other conditions required for operation do not meet Party A's requirements, or violates the terms of the futures contract between Party A and Party B and Party A's relevant management measures, etc., Party A has the right to unilaterally terminate Party B's ________ brand franchise qualifications.
15. Party A has the right to require Party B to repay all the money owed to Party A at any time. If Party B delays payment, Party A has the right to require Party B to pay an additional 10,000 yuan of unpaid money in addition to the payment of the money owed. Pay late fees five-quarters of the time.
16. Party B shall not transfer the _________ brand franchise rights to a third party without authorization. The transfer to a third party must obtain the written consent of Party A. Party A also has the right to understand the contract signed between Party B and the third party. _________Terms of Brand Cooperation Agreement.
17. Any form of advertising by Party B must be subject to the supervision and inspection of Party A. For advertising that is not conducive to Party A, Party A has the right to require Party B to stop immediately until Party B's legal responsibility is investigated. All consequences arising therefrom shall be borne by Party B.
18. Party A shall uniformly design and formulate the entrance, light boxes, in-store and outdoor decoration, shelves, promotional items, advertising items, product displays, etc. of the ________ brand store and assist Party B in their implementation.
19. Party A will implement unified advertising and promotion activities as publicity, and unify the ________ brand store identification system to maintain the reputation and unified image of the ________ brand franchise system.
20. Party B must submit the sales and inventory report of the current month to Party A in writing as required by Party A before the 28th of each month. Party B shall promptly feedback local market information to Party A.
5. Rewards and goods adjustment terms
1. If Party B does not violate the terms of this agreement and the annual sales return (excluding special sales) reaches more than one million yuan, the actual return will be Rebate of ________% of the actual amount; if the annual sales rebate reaches more than 500,000 yuan and less than 1,000,000 yuan, rebate is based on ________% of the actual rebate; if the annual sales rebate reaches more than 300,000 yuan, 500,000 yuan The following people can enjoy the discount of _________ discount on the retail price.
The rebate is paid in the form of goods at the beginning of the second year.
2. Party B will place an order based on the sample. Party A has the right not to return or exchange any goods ordered by Party B except for quality problems or mis-delivery by Party A. If Party B really has difficulties, Party B may submit a written application for exchange to Party A within 45 days of receiving the goods. Party B can handle it as appropriate according to the specific circumstances, but:
(1) The quantity applied for exchange cannot exceed ________% of Party B’s annual purchase volume
(2) Discounted products and special price products and samples cannot be exchanged.
(3) The exchange of goods must be confirmed and approved by Party A before execution. If the goods are returned without the consent of Party A, Party A has the right not to approve it, and Party B will be responsible for any losses caused. All costs of replacing the goods shall be borne by Party B.
3. Party A provides support to Party B’s store decoration. (Following the relevant provisions of the _________ investment manual) Decoration fees shall be paid in the form of goods. However, reimbursement must be made to the company after two years with a decoration settlement statement signed and approved by Party A’s planning department.
6. Supply and transportation:
1. Supply location: Party A’s warehouse.
2. Transportation method: self-pickup or consignment, the freight and insurance will be borne by Party B.
3. Receipt requirements: After Party B receives the goods, each item must be weighed (according to the packing list weight) before unpacking. If the weight matches, unpack and inspect the goods; if the weight does not match, it shall not be opened. box, and immediately notify Party A or inquire or make a claim with the transportation department. Otherwise, Party B will be responsible for any consequences after unpacking.
4. Party B’s future requests for goods must be based on fax. If there is no fax, Party A has the right not to deliver the goods.
VII. Force Majeure
In the event of force majeure events, including fire, flood, war, government action, accidents, labor problems, etc., resulting in the inability to perform this agreement and the above-mentioned In the event of a force majeure event, one party shall immediately notify the other party in writing of the event and provide details of the incident and the reasons for the inability or delay in performance of this Agreement within 3 days. Failure to do so will be treated as a breach of contract.
8. Law applicable to the agreement and resolution of disputes
The formation, validity, interpretation, performance, and resolution of disputes of this agreement shall be governed by the laws of the People's Republic of China and the People's Republic of China. jurisdiction.
9. Term, renewal and termination of the agreement
1. This agreement is valid from _________year________month__________ to _________year_________month Ending on _________.
2. Either Party A or Party B may submit a written application to the other party for extension of the agreement within 30 days before the expiration of this agreement. The agreement can be renewed after negotiation and agreement by both parties.
3. After the agreement expires, if either Party A or Party B does not renew the agreement, the franchise relationship between Party A and Party B will be terminated naturally.
4. After the termination of this agreement, Party B’s original _________ brand inventory products shall be disposed of by itself within a period of one month. After one month, Party B shall no longer sell _________ brand products.
5. The place where this agreement is signed: _________. This agreement is made in two copies, with each Party A and Party B holding one copy, and has the same legal effect.
6. Place of contract performance: _________.
7. If any dispute arises during the performance of this contract, the two parties can resolve it through negotiation. If the negotiation fails, it can be resolved through legal means, which shall be under the jurisdiction of _________ People's Court.
Party A (seal): _________
Party B (seal): _________
Registered address: _________
Registered address: _________
Contact number (fax): _________
Contact number (fax): _________
Legal representative (signature): _________
Legal representative (signature): _________
Authorized representative (signature): _________
Authorized representative (signature): _________
Business license registration number: _________
Business license registration number: _________
Postal code: _________
Postal code: _________
_______year____month_ ___day
______month____day______year
Signing place: _________
Signing place: _________ Brand Franchise Agreement 3
Contract number: _______________
Party A: __________________ Company
Party B: __________________ Company
After negotiation and agreement between Party A and Party B, it is hereby concluded Party B has reached the following agreement regarding the exclusive use of Party A's _________ brand in its area, and *** agrees to abide by it.
Article 1 Party A hereby authorizes Party B to exclusively use the _____________ brand in the _____________ area. The term is: from the date of signing of this agreement to _________year______month______day to _________year______month______day.
Article 2 During the validity period of this agreement, all disputes regarding the ownership of the _________ brand shall be borne by Party A. If the dispute causes economic losses to Party B, Party A shall bear all economic losses. However, disputes arising from improper use by Party B or other infringements are excluded.
Article 3 During the authorization period, Party A will assist Party B in _________ brand image design, provide product promotional materials, logos, posters, etc., and provide necessary technical support. Help Party B conduct promotions and other publicity activities.
Article 4 Party B may conduct various promotional activities for _______ brand products, and Party A may cooperate with Party B in planning. When Party B independently carries out publicity and promotion activities related to the ________ brand, it shall inform Party A in advance and obtain Party A's consent before proceeding.
Article 5 During the authorization period, Party B’s exclusive right to use the specific area cannot be used by any other enterprise or individual, including Party A, except Party B. However, this does not mean that Any transfer of Party A’s trademarks, goodwill and other related intellectual property rights. After the contract expires or is terminated in advance, Party B shall not continue to use the ______ brand under any excuse, or engage in any commercial activities in the name of a _____ brand dealer, otherwise, Party B will bear corresponding responsibilities.
Article 6 On the date of signing the agreement, Party B shall prepay Party A RMB _______ yuan as the brand usage fee for the first store; if Party B opens another _______ brand store or _____ days before the counter, a one-time brand usage fee of ___________ yuan shall be paid to Party A.
Article 7 In the first year of the authorization period, Party B will open no less than _____ brand stores or counters; at the end of the authorization period, Party B will open ______ The number of brand stores or counters shall not be less than ______. If Party B reaches ____ stores or counters within the authorization period, Party A must renew the _______ brand use agreement with Party B for _____ years.
Article 8 When Party B opens a ______ brand store or counter, the publicity expenses used to independently promote the ______ brand shall not be less than _______ yuan per store or each counter.
Article 9 Party B shall notify Party A within 30 days of the opening of _______ brand store or counter. After confirmation by Party A, a _________ brand use confirmation letter will be signed.
Article 10 During the authorization period, Party A has the right to supervise the brand image and service quality of Party B’s ________ brand stores or counters. If Party B fails to meet the standards confirmed by Party A, and Party B still fails to meet the standards within the rectification period after Party A proposes rectification, the store or counter shall not continue to use the ________ brand or cancel Party B's right to use the brand.
Article 11 If Party B fails to open the first store within _______ days from the date of signing this agreement, this agreement will be automatically canceled. The brand usage fee for the first store paid in advance by Party B is not refundable.
Article 12 If both parties need to renew or terminate the agreement, they must confirm it _______ days before the expiration of this agreement.
Article 13 If any dispute arises between the two parties during the performance of this contract, they shall resolve it through negotiation; if the dispute cannot be resolved through negotiation, it shall be arbitrated by the Xiamen Arbitration Commission.
Article 14 This contract is made in two original copies, with each party holding one copy. It will take effect immediately from the date of signature by both parties, and both have the same legal effect.
Party A: ______________ (signature and seal) Party B: ______________ (signature and seal)
Representative: ______________ (signature and seal) Representative: ______________ (signature and seal)
Address: _______________Address:_______________
Telephone: _______________ Telephone: _______________________
Signing date: _________year________month___________day
Signing Location: ____________________________