Current location - Trademark Inquiry Complete Network - Trademark inquiry - Since the franchise contract is drawn up by the headquarters, it will be more beneficial to the headquarters. In terms of penalties for breach of contract, usually only the part for the franchisee is
Since the franchise contract is drawn up by the headquarters, it will be more beneficial to the headquarters. In terms of penalties for breach of contract, usually only the part for the franchisee is
Since the franchise contract is drawn up by the headquarters, it will be more beneficial to the headquarters. In terms of penalties for breach of contract, usually only the part for the franchisee is listed, and there is no mention of the part where the headquarters violates the contract. Franchisees should be able to put forward relative requirements and clearly define the penalties for breach of contract by the headquarters, especially in terms of services and logistical support that the headquarters should provide, and the headquarters should be required to fulfill them. Eighth, regarding the settlement of disputes. A general franchise contract will specify the court of jurisdiction, and usually the local court where the headquarters is located is the court of jurisdiction. This is to make it easier for headquarters personnel to travel to nearby courts if necessary in the future. It is worth mentioning that a certain franchise headquarters once stipulated in the contract that franchisees must first undergo mediation by the mediation committee of the headquarters before filing a lawsuit in court. When encountering this situation, you should first understand who are the members of the mediation committee? If they are all employees from the headquarters, then the result of the mediation will of course favor the headquarters and be detrimental to the franchisees. Due to the contract, franchisees cannot ignore the mediation committee and directly go to court. Therefore, the author recommends that franchisees should request to delete when encountering similar terms. 9. Handling of contract termination. When the contract is terminated, the most important thing for the franchisee is to get back the deposit. At this time, the headquarters will check whether the franchisee has violated the contract or owed money. At the same time, the headquarters may require the franchisee to remove the signboard by himself. If everything goes well and there is no money owed, the headquarters will refund the deposit. But when a dispute arises, whether to dismantle the signboard often becomes the focus of the struggle between the two parties. Some headquarters will even hire workers to dismantle the signboards themselves. If a franchisee encounters this situation, it will depend on who originally funded the signboard. If it is funded by the franchisee, then the ownership of the signboard "object" should belong to the franchisee. Although the headquarters has ownership of the trademark, it cannot dismantle it without authorization. If you really want to demolish it, you must enforce it through the court. If the headquarters demolishes it on its own, it will be a crime of damage. Tenth, this is the last point that should be noted. After the contract is signed, both parties must each hold one copy. Once upon a time, after a certain supermarket chain system signed a contract with a franchisee, the headquarters kept two contracts but did not leave one contract for the franchisee. It was later sued to the Fair Trade Commission for correction. Therefore, franchisees must remember to keep a copy for themselves in order to clearly understand the contents of the contract and ensure their own rights and interests. Of course, the most important thing is to read the contents of the contract clearly before signing, and understand the contents one by one. If there is anything unclear or unclear, you should ask the headquarters staff for clarification.