Model Contract for Catering Franchise In order to clarify the rights and obligations of both parties in franchising, this contract is specially concluded for both parties to abide by.
1, franchise mode and content
1. 1 Party B voluntarily applied to join Q Company, and after Party A granted the franchise, Party B started a franchise enterprise.
1.2 Party A grants Party B the franchise and provides the management system.
1.3 valuable and special trade name, trademark, architectural style, training system, financial system and proprietary technology of the management system. Its core content is trademarks and their management standards and technical quality standards.
2. Franchise fee and deposit
2. 1 Before the signing of this contract, Party B shall pay the franchise fee of RMB10,000 Yuan to Party A in one lump sum.
2.2 During the validity period of this contract, Party B shall pay Party A a monthly royalty for the franchise right according to a certain proportion of the total operating income of the franchise enterprise.
2.3 Before the signing of this contract, Party B shall pay a deposit of RMB10,000.00 Yuan to Party A. After the expiration of the contract, Party A will refund the deposit to Party B. If Party B delays the payment of the royalty, Party A has the right to offset it with the deposit. Party B must make up the deposit within days after receiving the charge notice. If Party B fails to make up the deposit on time, Party A has the right to terminate the contract without returning the deposit.
3. Rights and obligations of Party A
3. 1 Provide the certification materials needed to start a franchise enterprise.
3.2 Conduct professional training for the technical backbone personnel of the franchised enterprise before taking up their posts, and conduct regular retraining.
3.3 Party A shall provide the Franchise Management Manual (hereinafter referred to as the Manual) within the validity period of this contract. This manual belongs to Party A. Without the written permission of Party A, Party B or the franchised enterprise shall not expand the scope of use. 3.4 Have the right to distribute the special articles, raw materials and tools of Q Company to the franchised enterprise.
4. Rights and obligations of Party B and the franchised enterprise
4. 1 Party B is responsible for handling all procedures required for the establishment of the franchise enterprise and the working capital required for the operation of the franchise enterprise. Implement business premises with a building area of square meters (no less than one dining place) for the franchised enterprise, and decorate the business premises according to Party A's requirements, so that they can meet Party A's acceptance standards and meet the operating conditions of the franchised enterprise.
4.2 party b shall send relevant personnel for acceptance before the franchise enterprise starts to operate? Q company training center? Training and evaluation. Only after obtaining Party A's training certificate can he take up his post.
4.3 When Party B or the franchised enterprise undergoes major changes, such as changing its legal representative, increasing or decreasing its registered capital, it must notify Party A within days; A franchise enterprise shall obtain the written consent of Party A if it changes its business premises or business scope.
4.4 Party B shall ensure that the franchised enterprise conducts franchise management according to the contents of Party A's manual and relevant regulations.
5.5 Party B shall not use the franchise outside the franchised enterprise, and shall not transfer or license the franchise to others.
5. Management and financial accounting system of franchised enterprises
5. 1 Franchised enterprises shall implement the management system, norms and standards specified in Party A's manual.
5.2 Franchised enterprises shall implement the Financial Accounting System for Catering Service Industry formulated by the State and the unified accounting method for franchised enterprises of Party A..
5.3 Party B shall report the total operating income and true financial statements of all operating items of the franchise enterprise to Party A for the record before the next month, and Party B shall not underreport, falsely report or omit.
Step 6 be confidential
6. 1 party b and the franchised enterprise shall keep confidential the contents of manuals and other materials formulated or approved for the performance of this contract. Without the prior written consent of Party A, Party B and the franchised enterprise shall not copy, record or otherwise disclose to others.
6.2 Party B and the franchised enterprise promise not to disclose any confidential information, knowledge and business methods they know for the benefit of other people, organizations and companies during the whole contract period and several years after the expiration of the contract.
7. Default and Punishment
7. 1 Once the contract is signed, both parties shall not violate it for any reason. If one party's breach of contract causes economic losses to the other party, the breaching party shall pay a penalty of more than 10,000 yuan according to the degree of losses caused.
7.2 When Party B or the franchised enterprise is under any of the following circumstances, Party A has the right to terminate the contract and demand the other party to pay liquidated damages and compensation:
1. Expand the scope of use of the licensed trademark without Party A's permission. Or used in combination with other trademarks;
2. Sublicense or transfer, lend or resell the licensed trademark to others for production or use without the permission of Party A; three
3. Manufacturing or using a trademark similar to or deformed from the licensed trademark;
8. Dissolution and termination of this contract
8. 1 This contract is automatically terminated under the following circumstances:
1. Party B or the franchised enterprise cannot or cannot continue to operate due to serious losses;
2. The bankruptcy, insolvency or liquidation degree of Party B or the franchised enterprise;
3. The main part of Party B's property is enforced by the court;
4. Party B is dissolved.
8.2 In any of the following circumstances, Party A may notify Party B in writing to terminate this contract:
1. Party B's important assets are transferred to others or are in a state of division or merger;
2. Party B is not authorized; Transferring a franchise enterprise, or changing the business premises or business scope of the franchise enterprise without authorization;
3. Party B or the franchise enterprise fails to comply with the contents of the manual or the procedural norms of the franchise system;
8.3 After the expiration of the contract, if Party B requests to extend the franchise, it shall submit a written application to Party A one month before the expiration of the contract. If Party A agrees to renew the contract, it shall do so. If Party A does not agree or Party B does not apply, this contract will be automatically terminated on the expiration date.
9. The responsibilities of both parties after the termination or dissolution of the contract
9. 1 After the early termination or expiration of this contract, Party B shall pay all the fees payable to Party A within days and cancel the industrial and commercial registration of the franchised enterprise;
9.2 Party B shall return the commercial and technical secrets of Party A within days; Return the business marks, trademarks, signboards and materials of Party A;
9.3 From the date of dissolution or termination of this contract, Party B shall immediately stop the business activities and any form of advertising of the franchised enterprise, and stop using the trademarks, trade names and logos of Party A (including any similar or confusing trademarks, trade names and logos).
10. settlement of disputes during the execution of this contract, if both parties have different opinions, they shall settle them through consultation. If negotiation fails, the case may be submitted to Suzhou Arbitration Commission for arbitration. The award is final and legally binding on both parties.
1 1. Term of the Contract This contract is valid for years, from the date of the month to the date of the month.
12, supplementary provisions
12. 1 Party B promises that after the establishment of the franchise enterprise, it will be bound by this contract and abide by the provisions of this contract on the rights and obligations of Party B and the franchise enterprise.
12.2 this contract is made in duplicate, with each party holding one copy.
12.3 For matters not covered in this contract, a supplementary agreement shall be signed separately, which has the same legal effect as this contract.
This contract shall come into effect as of the date of signature by both parties.
Party A: Sichuan Spicy Space Catering Co., Ltd. (hereinafter referred to as Party A)
Party B: (hereinafter referred to as Party B)
Party B's ID number:
Purpose of article 1
1. 1 What will Party A enjoy? Spicy space? Trademarks, trade names, products, patents and know-how, business models, etc. Party B is authorized to use it for compensation within a certain scope. Party B voluntarily accepts Party A's permission, engages in business activities within the prescribed scope under the unified business model of Party A as agreed in this Contract, and pays corresponding expenses to Party A.. ..
1.2 Party A has clearly informed franchisees that the project investment is risky and should choose the project carefully. Party B fully agrees to accept the above contents, and agrees to make full investment in the franchise store, and is willing to independently bear the investment risks of the franchise store, and maintain and enhance the brand image of Sichuan Spicy Space Catering Co., Ltd.
Article 2 Accession Conditions
2. 1 Party B shall have good business reputation and social relations, and have no bad hobbies (whoring, gambling, drug abuse, alcoholism, etc.). ) and be able to operate Party A's licensed projects full-time.
2.2 Party B shall be an independent economic entity (private enterprise or individual industrial and commercial household) and be able to bear civil and criminal responsibilities independently.
2.3 Have direct or indirect experience in catering management, and be willing to manage and develop the catering business agreed in this contract for a long time.
2.4 Party B has convenient transportation and parking, with an area of more than 500m2, which can be used as a restaurant business place (own space or leased space with a lease term of more than five years).
2.5 Party B has sufficient funds to operate this project, and can independently bear civil liabilities and operational risks.
2.6 Party B can strictly implement Party A's business model. In the course of business operation, Party B must comply with Party A's requirements for unified specifications, unified pricing and unified quality of business projects, and Party B must purchase special formula base materials and main blending materials from Party A in a unified manner; Party B can understand and accept Party A's business philosophy, support and respect Party A's business guidance and management supervision, and safeguard Party A's brand image.
2.7 In the process of joining the business, Party B must always meet the joining conditions and abide by the joining rules. In case of any discrepancy, Party B is willing to accept the guidance of Party A until it unconditionally cancels its joining qualification and restores the right to use as stated in this contract 1. 1.
Article 3 Scope and duration of the franchise area
3. 1 Party A authorizes Party B to open franchise stores in provinces, cities and counties.
3.2 Business Project: Spicy Space Hot Pot.
3.3 If Party B needs to expand or build a new store, it must submit a written application to Party A, which will be approved in writing after being reviewed by Party A.. When Party A agrees to expand or build a new store, Party B shall comply with Party A's approval requirements.
3.4 The franchise period is * * * years, from the date of month to the date of month.
Article 4 (1)
4. 1 party b shall pay RMB franchise fee to party a when signing the franchise contract.
(Say: ten thousand one hundred yuan)
4.2 Party B shall pay the equity to Party A in one lump sum every year.
(In words: RMB 10,100 Yuan/year)
4.3 Party B shall pay a deposit of RMB (in words: RMB 10,100.00 Yuan), and Party A shall return all articles and materials at the expiration of the contract, and shall not default to Party A.. ..
4.3. 1 Deposit does not bear interest.
4.4 Party A shall provide Party B with special formula base materials and related auxiliary materials for spicy space brands according to the following price standards and delivery methods;
4.4. 1 Hot pot bottom material price RMB/kg. (in words: 10. 10 yuan/kg)
The price of hot pot oil is RMB/kg. (in words: 10. 10 yuan/kg)
4.4.2 The supply of special formula base materials for spicy space brand and related raw and auxiliary materials shall follow the principle of payment first and delivery later. Party B shall declare the variety and quantity to Party A's logistics distribution center 15 days in advance according to the demand, and pay the required payment and freight at one time. Party A shall send the payment to the freight department of the railway station or long-distance station, the LTL freight department or the air freight department for shipment within 72 hours (except for the delay caused by force majeure).
4.3 According to the changes of raw material prices in the market, the prices of special formula base materials and related accessories of Spicy Space brand can be appropriately adjusted within the fluctuation range of raw material prices.
4.4 The collection method of training fees for employees, technicians and managers shall be negotiated separately.
4.5 During Party A's training, Party B's employees:
4.5. 1. 1 The training fee for personnel below the manager is RMB/day/person; Accommodation and lodging are RMB/day/person.
4.5. 1.2 Training fee for managers and above (including managers) is RMB/day/person; Accommodation and lodging are RMB/day/person.
4.5. 1.3 Training fee for general manager (including store manager) personnel is RMB/day/person; Accommodation shall be arranged by Party A at its own expense.
4.6 All expenses and amounts involved in this contract are in RMB.
Article 5 Organization types
5. 1 Both parties to this contract are independent businesses, and there is no subordinate relationship of investment, agency, employment or contract between them.
5. 1. 1 Party B and its employees have no right to represent Party A, nor are they the agents of Party A, and Party A is not responsible for Party B's behavior and labor relations.
5. 1.2 Party B applies for industrial and commercial registration independently and adopts the business model of independent operation, independent accounting and self-financing. It is an economic entity that bears civil liability independently.
5. 1.3 If Party B or its employees intentionally or negligently violate the law or infringe upon the rights of others, Party B shall bear the civil liability on its own, which has nothing to do with Party A. If any interests of Party A are damaged as a result, Party B shall bear the full liability for compensation.
5.2 According to this contract, Party B shall accept the unified and standardized management of Party A. ..
Article 6 Legal liability
6. 1 Party B shall not transfer the trademark, logo and proprietary technology business model licensed by Party A to others for use, nor alter or defile Party A's trade name, trademark, logo, signboard and emblem.
6.2 If Party B uses Party A's trade name, trademark and service mark, and the interests of a third party are damaged due to its own operation, Party B shall bear the responsibility of compensating for the losses, and Party A shall not bear any responsibility.
6.3 If Party A is involved in civil liability due to Party B's unauthorized behavior, Party B shall not only have the right to claim compensation from Party B, but also bear the losses suffered by Party A (including dispute settlement fees, legal fees, attorney fees, transportation fees, reputation damage fees, etc.). ).
Article 7 Rights and obligations of Party A
7. 1 Party A's rights
7. 1. 1 After franchising Party B, Party A still owns all the rights of the trademark and design, and may allow others outside the region and outside the franchise period to use it.
7. 1.2 Party A owns all the rights of chafing dish bottom material, proprietary technology, management mode and pot bottom formula.
7. 1.3 During the same period, if Party B stops operating the franchise project without authorization (if it stops operating for more than 7 days without authorization, it will be deemed as stopping operation), Party A has the right to unconditionally withdraw Party B's franchise without returning the paid fees. When Party B wants to transfer its store, under the same conditions, Party A has the priority to transfer it.
7. 1.4 Party A shall provide Party B with relevant guidance on business operation, financial audit, cost control, advertising operation and marketing planning.
7. 1.5 Party A has the right to criticize, order rectification, impose a fine and suspend support for Party B's failure to implement the logo specification, unified management strategy, quality standards and project specificity until the contract is terminated and the franchise right is recovered.
7. 1.6 If Party B's operation causes adverse effects on Party A's brand, Party A has the right to unconditionally cancel Party B's joining qualification and hold Party B responsible for the corresponding economic losses.
7. 1.7 Party A has the right to supervise Party B's business activities according to the terms stipulated in the contract.
7.2 Obligations of Party A
7.2. 1 Maintain and protect the brand.
7.2.2 Be responsible for the technical maturity, stability and innovative development of this concession project, and provide supervision, technical support and technical services.
7.2.3 Ensure the timely supply of special formula base materials for spicy space brand, and provide corresponding after-sales service.
7.2.4 Provide the legal right to use the trademarks, service marks and other commercial marks of this franchise project for a limited period of time.
7.2.5 Provide the distribution of special chafing dish bottom material for spicy space, clear oil for spicy space, bagged clear oil chafing dish seasoning, fish seasoning, mushroom soup seasoning, corporate culture, bronze medal for corporate honor, special cookware, tableware, clothing, special seasoning and related accessories.
7.2.6 Provide training, assessment and evaluation for managers, technicians and service personnel.
7.2.7 Provide a unified schematic reference diagram for the layout planning of storefront decoration.
7.2.8 Keep Party B's business secrets such as operation, personnel and economy.
Article 8 Rights and obligations of Party B
8. 1 Party B's rights
8. 1. 1 has the right to operate the projects authorized by Party A within the franchise period and within the franchise scope, and use the corresponding licensed trademarks, patterns, special formula base materials and raw and auxiliary materials, advertising and operation manuals, employee manuals, training manuals, personnel management manuals, cost control manuals and other confidential materials.
The latest model catering franchise contract 8. 1.2 has the right to request Party A to provide technical consultation and technical support. If Party B invites Party A's personnel to Party B's site for technical guidance and technical services, Party A will be free of service fees; However, Party B shall pay the round-trip transportation expenses of Party A's personnel in cash (reimbursed) and be responsible for arranging the accommodation and meals of Party A's personnel free of charge. And pay the salary subsidy (RMB/day/person) to Party A's personnel. (The company's boss, technical director, executive chef, seasoning master, and manager-level personnel are all reimbursed for hard sleepers except in special circumstances.)
8. 1.3 Salary of staff dispatched by Party A to Party B: RMB/day/person for preparation manager and RMB/day/person for preparation chef.
8. 1.4 Salary of personnel recruited by Party A on behalf of Party B: expatriate manager, front office supervisor, front office foreman, waiter, seasoning master, chopping block leader (and special chef), chopping block master, dim sum master and cold dish master. Party B shall sign a labor contract with the above-mentioned personnel.
8.2 Obligations of Party B
8.2. 1 Strictly implement the unified business model, quality standards and various rules and regulations formulated by Party A, accept the supervision and support of Party A, and actively cooperate with Party A for rectification.
8.2.2 Party B shall complete the necessary permits for all business premises before the official opening of the business.
8.2.3 Party B must submit the operating statement of last month to the company's finance department for review before 10 every month.
8.2.4 Party B must prepare the site before starting business.
8.2.5 Licensed methods, trademarks, designs, special formula base materials and know-how shall not be used outside the license period and scope.
8.2.6 Matters related to labor remuneration, industry and commerce, public security, taxation, health, administrative fees, taxation and administrative penalties shall be borne by Party B..
8.2.7 Problems related to labor protection, work injury, accident, illness, accidental disability and safety shall be borne by Party B..
8.2.8 Strictly implement the quality standard specified by Party A, and do not change the production standard of the bottom of the pot. Only by using the special formula base material and the corresponding preparation standard provided by Party A can the quality of the pot bottom and dishes be guaranteed.
8.2.9 Maintain the image of Party A's goods and trademarks, and do not illegally use Party A's trademarks and related technologies, otherwise Party A has the right to cancel Party B's franchise, and all legal responsibilities and economic losses arising therefrom shall be borne by Party B. ..
8.3 When the contract expires or the contract is terminated through negotiation between Party A and Party B, Party B shall pay off all expenses owed to Party A, return all manuals, confidential documents and related materials, and keep the commercial secrets of Party A's products, strategies and operations.
Article 9 Termination and Extension of the Contract
9. 1 If Party B suspends business for more than 7 days (including 7 days) without the written permission of Party A, it shall be deemed that Party B no longer operates, and Party A has the right to terminate the contract.
9.2 When this contract expires or the operation is stopped due to force majeure, this contract will be terminated naturally after Party B pays all expenses of Party A.. ..
9.3 Upon the expiration of the contract, if Party B needs to renew the contract, it must submit a written application to Party A 30 days before the expiration of the contract. With the consent of Party A, both parties need to re-sign the franchise contract.
9.4 If Party B commits any of the following acts, Party A has the right to unilaterally terminate this contract in advance;
9.4. 1 Party B's impersonation and abuse? Spicy space hotpot? Trademark;
9.4.2 Party B sells fake and inferior products in franchised stores, which affects Party A's reputation;
9.4.3 Party B violates this contract, infringes on the legitimate rights and interests of Party A and damages the operating system;
9.4.4 Party B is ordered by the government department to suspend business for rectification or revoke its business license due to illegal operation;
When the written (or fax) notice of Party A's dissolution of this contract reaches Party B, it is the date of dissolution of this contract.
9.5 After the termination or dissolution of this contract, Party B shall not continue to use it? Spicy space hotpot? Trademark, which Party B must use? Spicy space hotpot? Commodity names, logos, trademarks, service marks and all other decorative appliances, store decorations, light boxes, promotional materials, etc. Contains the logo of Party A..
Article 10 breach of contract and liability for breach of contract
10. 1 If Party A commits any of the following acts, it shall be deemed as a breach of contract:
10. 1. 1 Where the trademarks and logos provided by Party A to Party B infringe the rights of others, it shall be deemed that Party A has breached the contract.
10. 1.2 Party A shall ship the bottom materials within 72 hours after receiving the full bottom material payment from Party B (provided that Party B has not owed any fees to Party A before), otherwise it will be deemed as a breach of contract by Party A..
10.10.3 Party A's failure to provide necessary technical support and corresponding after-sales service shall be deemed as breach of contract.
10.2 If Party B commits the following acts, it shall be deemed as a breach of contract:
10.2. 1 If Party B fails to meet the joining conditions and conceals the clearance, it shall be deemed as a breach of contract and bear the consequences.
10.2.2 party b shall strictly implement the business model, quality standards and systems provided by party a, and accept supervision and support, otherwise it will be regarded as a breach of contract.
10.2.3 Party B shall prepare the site and start business according to the provisions of Article 8.2.4, otherwise it will be deemed that Party B has automatically abandoned the franchise or Party B has breached the contract.
10.2.4 What projects should Party B operate in the business premises? Spicy space hotpot? However, it is not allowed to operate other competitive projects in the concession area, otherwise it will be regarded as Party B's breach of contract.
10.2.5 If Party B needs to suspend business for more than 7 consecutive days, it shall submit a written application to Party A, and the business can be suspended only with the written consent of Party A, otherwise it will be regarded as a breach of contract by Party B..
10.2.6 If Party B needs to open the second and third stores of the same project in this area, it shall submit a written application to Party A, and after Party A agrees, it shall sign a franchise contract, pay the franchise fee and go through the relevant formalities, otherwise the second and third stores opened are all infringing shops, and Party A has the right to investigate their infringement, which shall be regarded as Party B's breach of contract.
10.2.7 Party B's failure to purchase the bottom material from Party A or substitute it with bottom material from other channels shall be regarded as Party B's breach of contract.
10.2.8 In any case, Party B's failure to use Party A's primer or the use of expired primer shall be regarded as Party B's breach of contract.
10.2.9 If Party B fails to pay all the fees payable to Party A within 5 days, it shall be deemed that Party B has breached the contract.
10.2. 10 Party B's failure to implement Party A's unified VI standard, accept Party A's supervision and support, disobey Party A's overall arrangement and cooperate with Party A's activities shall be regarded as Party B's breach of contract.
10.2. 1 1 Without the written permission of the general manager of other franchise stores, Party B shall not employ the employees of this franchise store; Without the written permission of the President of Party A, Party B shall not employ employees of the Company. Otherwise, Party B is deemed to have breached the contract.
10.3 liability for breach of contract
10.3. 1 If either party breaches the contract, the other party may claim liquidated damages of100000 yuan according to the fault and damage degree, and enjoy the right to unilaterally terminate the contract.
Article 1 1 Dispute Resolution
1 1. 1 This contract shall come into effect after being signed and sealed by both parties. In case of dispute, it can be settled by both parties through consultation; If negotiation fails, the case shall be submitted to Chongqing Arbitration Commission for arbitration.
Article 12 Other
12. 1 Party A has the final right to interpret this contract.
12.2 this contract is made in duplicate, with each party holding one copy, with the same legal effect.
Party A (signature): Sichuan Spicy Space Catering Co., Ltd. Party B (signature):
Legal representative: ID number:
Authorized Agent: Party B's current address:
Telephone:
Party B's residential telephone number:
Telephone number of Party B's office:
Party B's mobile phone: