A contract is an agreement between natural persons, legal persons and other organizations with equal subjects to establish, change and terminate the relationship of civil rights and obligations.
a model contract for catering outsourcing service
Partner: _ _ _ _ _ _ _ _ _ _
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(other partners should fill in the order of the above items)
Article 1 Purpose of partnership
Article 2 Project and scope of partnership
Article 3 Term of partnership
The term of partnership is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
article 4: amount, method and duration of contribution
1. the partner (name) contributes capital in the form of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(other partners are listed in the same order as above)
2. The capital contribution of each partner shall be paid in full before _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. The contribution of this partnership is RMB _ _ _ _ _ _ _ _ _ _. During the partnership, each partner's capital contribution is * * * property, and it is not allowed to ask for division at will. After the partnership is terminated, each partner's capital contribution remains personal and will be returned at that time.
article 5 surplus distribution and debt commitment
1. surplus distribution shall be based on _ _ _ _ _ _ _ _ _, and distributed in proportion.
2. Debt commitment: the partnership debt shall be repaid by the partnership property first. If the partnership property is insufficient to pay off, it shall be borne in proportion based on the _ _ _ _ _ _ _ _ _ _ _ of each partner.
Article 6 Admission, withdrawal and transfer of investment
1. Admission: ① This contract needs to be recognized; (2) subject to the consent of all partners; (3) to implement the rights and obligations stipulated in the contract.
2. Quit the partnership: ① You can quit the partnership only if there are justified reasons; (2) shall not quit when the partnership is unfavorable; (3) To quit the partnership, it is necessary to inform other partners _ _ _ _ _ _ months in advance and get the consent of all partners; (4) after quitting the partnership, the settlement shall be made according to the property status at the time of quitting the partnership, and no matter how the capital contribution is made, it shall be settled in money; ⑤ If the loss is caused to the partnership by withdrawing from the partnership without the consent of the contractor, compensation shall be made.
3. Transfer of capital contribution: Partners are allowed to transfer their own capital contribution. At the time of transfer, the partners have the priority to be transferred. If a third party other than the partners is transferred, the third party will be treated as joining in, otherwise the transferor will be treated as withdrawing from the partnership.
Article 7 The rights of the person in charge of a partnership and other partners
1.____________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Its authority is: ① to conduct foreign business and conclude contracts; (2) daily management of the partnership; (3) selling partnership products (goods) and purchasing commonly used goods; (4) Pay the partnership debts; ⑤____________。
2. Rights of other partners: ① Participate in the management of the partnership; (2) Listen to the report on the business development of the person in charge of the partnership; Check the partnership account books and business conditions; (4) * * * to decide on major matters of partnership.
Article 8 Prohibited Acts
1. Without the consent of all partners, it is prohibited for any partner to conduct business activities in the name of partnership without permission; If the profits from its business belong to the partnership, the losses caused shall be compensated according to the actual losses.
2. Partners are prohibited from engaging in business that competes with the partnership.
3. Partners are prohibited from joining other partnerships.
4. It is forbidden for partners to sign contracts with this partnership.
5. if the partner violates the above articles, he shall compensate according to the actual loss of the partnership. Discouraging those who don't listen can be decided by all partners to be removed.
Article 9 Termination of the partnership and matters after termination
1. The partnership may be terminated for one of the following reasons: ① The partnership period expires; ② All partners agree to terminate the partnership; (3) the partnership is completed or cannot be completed; (4) the partnership is revoked in violation of the law; ⑤ The court decided to dissolve according to the request of the parties concerned.
2. Matters after the termination of the partnership: ① The liquidator shall be elected immediately, and the middleman (or notary) of _ _ _ _ _ _ _ _ _ shall be invited to participate in the liquidation; (2) If there is surplus after liquidation, it shall be carried out in the order of collecting creditor's rights, paying off debts, returning capital contribution and distributing the remaining property in proportion. Fixed assets and inseparable items can be sold to partners or third parties at a fixed price, and the price will participate in the distribution; (3) If there is any loss after liquidation, no matter how much the partner contributes, the partnership property shall be repaid first, and the part of the partnership property that is insufficient to pay off shall be borne by the partner in proportion to the contribution.
article 11 settlement of disputes
in case of disputes between partners, they shall negotiate with each other and settle them on the principle of being conducive to the development of the partnership. If negotiation fails, you can resort to the court.
article 11 this contract shall come into effect and start business as of the date of conclusion and approval by the administrative department for industry and commerce.
article 12 if there are any matters not covered in this contract, the partners shall discuss, supplement or modify it collectively. The supplementary and revised contents have the same effect as this contract.
article 7 labor management, number of employees, wages, training and welfare _ _ _ _ _ _ _ _ _ _ _ _ (omitted).
1. if any joint venture member fails to pay the investment amount in full and on time according to article 3 of this agreement, the breaching party shall pay _ _ _ _ _ _% of the investment amount to the company as liquidated damages for each _ _ _ (time) overdue.
2. if this agreement cannot be performed or can't be fully performed due to the breach of contract by any joint venture member, the observant party shall have the right to demand standstill agreement and demand the defaulting party to compensate all economic losses in addition to paying liquidated damages at _ _ _ _ _% of the capital contribution. If both parties agree to continue to perform the agreement, the breaching party shall compensate the company for the losses caused by its breach of contract.
3. Handling of force majeure.
4. in case of any dispute in the performance of the agreement, each party shall send representatives to settle it through consultation.
article 9 this agreement shall come into effect after being signed by the representatives of both parties and submitted to the relevant competent authorities for examination and approval. If there are any matters not covered in the agreement, both parties shall make supplementary provisions through consultation.
article 11 on the effective date of this agreement, that is, when the board of directors of the company is established, the board of directors of the company is responsible for handling the company registration, opening bank accounts and other preparatory matters.
article 11 the original of this agreement is in _ _ _ _ copies, one for each party, one for the company, and one for each copy of the agreement.
party a (official seal): _ _ _ _ _ _ _ _ _ _ _
legal representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
bank account: _ _ _ _ _ _ _ _ _. : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Bank account: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party b: _ _ _ _ _ _ _ _ _
legal representative: legal representative:
company seal
date:
hereinafter referred to as "franchisees or franchisees") agrees with the chain ideal led by _ Guizhou Longli Deng's spicy chicken hot pot series chain stores, and agrees to abide by all terms in its operating regulations. The two parties have concluded the following contracts on the franchise matters:
Article 1: Organization
1. The chain store of Deng's spicy chicken hot pot series in Longli, Guizhou Province (hereinafter referred to as the headquarters) dominates this business, and all the chain stores of Deng's spicy chicken hot pot series in Longli, Guizhou Province have registered trademarks.
2. the headquarters can set up regional headquarters or branches directly under the central government in the regional group of each franchisee to meet the needs (as in the preceding paragraph, collectively referred to as headquarters).
3. In areas where there are no regional headquarters or branches directly under the Central Government, the headquarters can entrust a part of its business to a third party, which is called a branch that entrusts business (hereinafter referred to as a branch).
article 2: joining
1. joining fee. Each store is RMB _ 11,111 yuan per year, which shall be paid to the head office when the franchise contract is concluded. And from the time when both parties sign the mutual confirmation letter, this joining fee will be used as the deposit for joining application entrusted for custody. This joining fee is not refundable.
2. The franchisee is the operator of Deng's spicy chicken hot pot chain store in Longli, Guizhou Province (restaurant residence). As a franchise store of Deng's spicy chicken hot pot chain store in Longli, Guizhou Province, this store has the following conditions and is determined to abide by this contract and engage in business honestly.
(1) according to the standardization plan of the headquarters, maintain the structure of food and beverage outlets
(2) maintain the management system that does not accept the restriction of third parties
(3) franchisees are engaged in business exclusively by themselves or agents with legal qualifications, or make practitioners have a unified chain awareness
(4) actively assist chain activities and strive to improve their business
(5)
Article 3: Franchise Privileges
Franchisees should have the following basic privileges:
(1) They can enjoy the popularity and credit of the chain store of Deng's spicy chicken hot pot in Longli, Guizhou by using the emblem of the chain store in Longli, Guizhou. (2) They can use Deng's spicy chicken hot pot in Longli, Guizhou only after purchasing the goods with the trademark of Deng's Food Co., Ltd. (See attached table for specifications and prices of each product) Previous 1 2 3 Next page