Franchise Agreement
Party A: Headquarters
Party B: Franchise Store
After friendly negotiation, both parties agreed to sign as follows Terms:
Article 1: Definitions of relevant words used in this agreement
1. "Company operating technology assets": developed and perfected by the headquarters for the operation of milk tea franchise stores Unified and unique management technology is Beijing XX Technology Company’s registered trade name, trademark, logo and service mark, profit model, store style, training support
, store management method, product display technology, professional An inseparable unified system for education, training, training procedures and related operations (including technical training, promotional activity models and advertising materials).
2. "Company trademark": refers to the trademark and service mark of Beijing XX Technology Company as well as the company's marks, signs, signs, labels, samples and all other business symbols.
3. "Company image": XX Student Optometry Center franchise stores should use the operating technology assets and trademarks of Beijing XX Technology Company as required, so that the unity of the image of XX Student Optometry Center can be widely recognized by the public. Gain credibility and operate under a consistent, unified model.
4. "Company Store": refers to the XX Student Optometry Center franchise store that uses the business technology assets and trademarks owned by the headquarters.
5. "Franchise fee": Franchise fee is the fee for accepting the headquarters' operating technology assets, trademark use rights and other franchise chain fees for the opening of a franchise store, regardless of the expiration of this agreement, the termination of the contract midway or Party A will not refund for any other reason.
6. "Deposit": The deposit refers to the guarantee fee for the franchise store to faithfully implement the agreement after the agreement is signed. The deposit does not bear interest. When the agreement expires and the agreement is terminated, the franchise store has no breach of contract. The headquarters Should be refunded in full.
7. "Management service fee": In order to enable each franchise store to conduct business activities in strict accordance with the requirements of the headquarters and ensure that consumers receive the real products and services of XX Student Optometry Center, each franchise store A certain amount of management service fees must be paid to the headquarters every month.
Article 2: Independent Parties
1. The parties to this agreement are independent legal persons, and there is no mutual investment, employment or contracting relationship between the parties. . The franchise store does not have the right to act on behalf of the headquarters. Franchise store employees are not employees of the headquarters, nor are they agents of the headquarters. The headquarters does not assume any responsibility for its labor relations and employee behavior.
2. The company's stores are operated independently by franchise stores and bear independent responsibilities. Under the premise of complying with the franchise conditions, business decisions are made by the franchise stores themselves and operated independently, but they can consult the headquarters for reference.
Article 3: Grant of Franchise
During the execution of this agreement, the headquarters will grant the franchise store the right to use the business technology assets, company trademarks and company stores developed and improved by the headquarters.
1. The headquarters promises that during the execution of this agreement, the franchise stores can use the company's trademarks, service marks and these signs, marks, templates, labels and signboards.
2. Franchise stores can only use the company's trademark and business technology assets within the scope and methods promised by the headquarters. At the same time, they must operate the company's stores in a unified image based on the company's business technology assets.
3. Franchise stores shall not act in a manner that lowers the company's image, damages the company's trademark and the company's operating technology assets.
4. In addition to teaching the company's business technology assets to franchise store employees for the company's store operations, franchise stores are not allowed to leak or pass on the company's business technology assets to third parties, nor are they allowed to imitate them in any form for third parties. The company's trademark and company's operating technology assets may help third parties imitate
Article 4: Franchise store location selection
1. The franchise store shall be located at Party B's location. That is, the address is .
In principle, Party A has no more than 1 franchise store in this location ().
2. The franchise store shall be located and funded by Party B, and shall be opened after Party A agrees. The storefront and interior decoration shall be decorated according to the unified decoration model and style provided by Party A. Party B shall be responsible for the operation and shall be solely responsible for its own profits and losses.
3. The tables, chairs and main decoration materials of the franchise store shall use the products and styles of the manufacturers designated by Party A, and shall be purchased by Party B by itself. The same brand of testing equipment is used uniformly in the store.
4. Party A shall provide uniform clothing, promotional materials and other ancillary facilities and accessories, and charge a cost fee.
5. The headquarters shall not operate another company store by itself or by a third party within the municipal area where the franchise store is located.
6. Based on the geographical conditions and regional business structure, the headquarters believes that establishing another company store in the current location of the franchise store will not compete with each other, or due to population increase, changes in traffic conditions, etc., the headquarters believes that there will be no mutual competition. When it is necessary to open additional stores, the headquarters recommends Party B to build additional stores. When Party B expresses no intention to build additional stores, the headquarters can allow a third party to operate franchise stores in the same area.
Article 5: Building additional stores
1. In addition to the stores listed in Article 4, Paragraph 1, when a franchise store wants to build a new company store, it must sign a separate agreement with the headquarters. Added a company franchise chain agreement that targets store building matters.
2. If the conditions for building additional stores meet the economic and talent requirements, as well as the overall interests of the company chain, the headquarters must agree.
3. After the franchise store signs the company's franchise chain agreement for the purpose of building additional stores, it should immediately pay the franchise fee, deposit and management fee to the headquarters
Article 6 : Business guidance and assistance
1. In order to enable the franchise store to maintain operations, the headquarters must impart necessary knowledge and management techniques to the franchise store before opening and during the execution of this agreement.
2. Before the franchise store opens, it must send the store owner or key personnel (employees who can take responsibility on their behalf) to participate in the education and training provided by the headquarters to obtain the necessary knowledge and technology to operate the company's stores.
3. Before and after the franchise store opens, as the store operation is on track, the headquarters must dispatch headquarters development department personnel to the franchise store for opening and operation guidance.
4. Franchise stores must participate in the annual regular general meeting and operator meetings outside the general meeting. The headquarters notifies the meeting date three weeks in advance.
5. In addition to holding operator meetings, the headquarters will provide guidance and supervision to franchise stores on a regular or irregular basis.
6. During the period of receiving operation guidance from the headquarters, the franchise store must report the week's operation status to the headquarters every week (relevant forms will be issued separately), and headquarters agents and personnel are allowed to check the merchandise inventory and sales of the franchise store at any time. Various information related to store operations, etc.
7. The headquarters will train store managers and employees employed by franchise stores at any time according to the education plan.
Article 7: Matters related to store development
1. In order to maintain the unity of the company's image, the store structure and internal and external decoration of the franchised store must be consistent with those of the headquarters stipulated standards.
2. In order to maintain the unity of the company's image, the franchise store agrees that the specifications of the store's equipment, devices, utensils, signboards, etc. shall comply with the styles specified by the headquarters
3. For operations necessary For packaging materials, receipts, handbags, labels and other consumables, franchise stores agree to use unified products specified by the headquarters.
Article 8: Promotion and sales assistance
1. If a franchise store wants to carry out publicity, advertising, display and other promotional activities alone or together with other franchise stores***, it must be informed in advance. The headquarters submits a written application, explaining the content of the activity and the method of implementation, and can only implement it after obtaining consent.
2. The headquarters provides relevant sales information to franchise stores and provides various information on promotions.
3. If the recommended selling price of the headquarters is inconsistent with the actual situation in the region, the franchise store must inform the headquarters of the situation. The headquarters should comprehensively consider the unified requirements of the company's image and the actual situation of the region where the franchise store is located, and report to the franchise store. The franchise store puts forward price suggestions that are consistent with the actual situation.
Article 9: Franchise fee, security deposit and management fee
1. The franchise store shall pay the franchise fee to the headquarters when signing the agreement: the franchise fee in third-tier cities is 30,000 yuan/store ; The franchise fee in second-tier cities is 50,000 yuan/store; the franchise fee in first-tier cities is 100,000 yuan/store. This franchise store is in the urban area (county) and the franchise fee is.
2. The franchise fee is the fee for accepting the headquarters' operating technology assets, trademark use rights and other franchise chain fees for the opening of the franchise store. The franchise fee will not be refunded regardless of expiration of this agreement, termination of the contract midway, or other force majeure natural disasters or national policy reasons.
3. After the agreement is signed, the franchise store must pay a deposit to the headquarters in advance, which is 5,000 yuan for third-level cities; 10,000 yuan for second-level cities; and 20,000 yuan for first-level cities.
In the following circumstances, Party A will deduct a penalty from the deposit
(1) If the store signage or interior decoration is not changed at will according to Party A’s requirements;
(2) ) does not follow unified pricing,;
(3) does not operate according to the products and services specified by the headquarters (cannot increase or decrease products and services without authorization),;
(4) Not using the "company's operating technology assets" in accordance with Party A's approval and designated franchise stores,
(5) Selling XX-related information privately or using the technology provided by XX in non-XX Optometry Center franchise stores.
Anyone who violates the above terms will be fined 1,000 to 5,000 yuan as appropriate. In serious cases, the team will be fined not only the security deposit, but also the franchise qualification will be cancelled, and even legal liability will be pursued.
7. In order to enable each franchise to conduct business activities in strict accordance with the requirements of the headquarters and ensure that consumers receive the true services of the XX Optometry Center franchise store, the franchise stores must pay franchise management services to the headquarters every month The management service fee for each franchise store is 300 yuan/month.
Article 10: Supply of products
1. Product price and supply quantity. Party B's purchase price shall be the standard quotation provided by Party A to Party B. Party B's unified purchase price is yuan/pair. Party B's first batch of purchase quantity shall be 1 pair, and each subsequent purchase shall not be less than 1 pair, and the purchase amount within six months shall not be less than 1 pair. The annual purchase quantity should not be less than deputy.
2. Product ordering. Party B shall ensure the accuracy of the contents of the order issued to Party A. After Party A receives the order and confirms it with Party B, Party B shall pay the full payment to Party A. Party A shall dispatch the goods within 3 working days after receiving the full payment.
Article 11: Product Delivery and Acceptance
1. After receiving the payment, Party A is responsible for reasonably delivering the products in a timely manner and handling the consignment. The freight shall be borne by Party A.
2. After receiving the goods, if Party B finds any discrepancy with the order, Party B may notify Party A in writing within 3 days of receiving the goods, otherwise Party B will be deemed to have accepted the goods in full
Article 12: Reward System
Party B promises to achieve double sales volume every year during the contract period. Party A will reward Party B with 10% of the total sales volume.
Article 13: Product Return and Exchange System
In order to reduce Party B’s business risks, Party B may apply to Party A to terminate the contract one month in advance due to other force majeure factors, and Party A promises Party B implements a return and exchange system, and the return and exchange methods are as follows:
1. Party B guarantees that the returned products are intact and unused;
2. Party B is responsible for sending the returned products to Party A’s designated location Location (transportation risk and freight are borne by Party B);
3. After Party A has verified that the product is correct, it will exchange it or refund it based on the original price of 90 (excluding gifts).
Article 14: Term of Agreement
1. The term of each franchise of this agreement is three years.
That is, from the day of the month of the year to the day of the month of the year.
2. If both parties continue to cooperate after the expiration of this agreement, the franchise store will pay half of the franchise fee at that time. The original deposit can be used as a deposit for the new agreement and will not be returned.
3. Party B is not allowed to transfer in principle during the franchise period. If transfer is necessary, Party A's written consent must be obtained, otherwise Party B will be punished for breach of contract.
Article 15: Termination of the Agreement
If a franchise store commits any of the following acts, the headquarters may advise the franchise store in writing to terminate the agreement within the specified period. or correct their behavior, and if there is no improvement within the specified period, the headquarters may unilaterally terminate the agreement.
⑴The franchise store failed to faithfully implement the unified operating policies of the headquarters
⑵The franchise store transferred the business rights privately without obtaining the prior written consent of the headquarters.
⑶ Franchise stores leak business secrets to other companies, or allow others to use or provide headquarters-related information to others.
⑷The franchise store damages the reputation and credibility of the headquarters and company chain stores, and hinders the business of the headquarters or other franchise stores.
Article 16: Negotiation
If there are any questions about matters stipulated or not stipulated in this agreement, the parties concerned shall resolve them through candid consultations based on the desire to develop their careers.
If there is a conflict and it cannot be resolved through negotiation, you can file a lawsuit with the People's Court of the other party's jurisdiction.
The above agreement is made in duplicate, with A and B each holding one copy. It will take effect after being signed or sealed by both parties.
Party A: Party B:
Address: Address:
Telephone: Telephone:
Contractor: Contractor