Current address and mailing address:
Contact telephone number:
Fax:
Post:
Party B:
Address:
Contact telephone number:
Based on:
1. Party A has square meters of catering business premises on provincial and municipal roads (the specific area is subject to the area indicated in documents such as real estate license, lease contract and relevant warrants and copies of lease contract).
2. Party B has management advantages in the catering field, and Party A has inspected Party B and fully understood its advantages.
Three. Party A and Party B, according to the provisions of relevant national laws and regulations, reached a fee agreement on 20xx after full consultation, and agreed to abide by all the following contents:
Four. After the signing of this agreement, Party A shall pay Party B the technical cooperation fee of RMB 1 ten thousand Yuan in one lump sum;
Verb (abbreviation of verb) The term of cooperation between Party A and Party B is years;
The technical support provided by intransitive verb Party B includes:
1, according to Party A's requirements, provide a team of Hunan cuisine chefs to ensure that the team of Hunan cuisine chefs is relatively stable, and the production capacity and quality reach the level of the same type of catering in Liuzhou;
2. The chef team appointed by Party B shall sign another chef management contract with Party A;
3. Party B appoints the chef to be responsible for the standardization, scientification and institutionalization of the positioning, development and production process of hotel dishes. The electronic version of the text menu shall be issued for the design of dishes (the guest menu shall be the responsibility of Party A);
4. Party B shall design according to Party A's requirements and sign a design contract (Party A must design the logo and VI system by itself);
5. Party B is responsible for hotel management and market positioning;
6. Party B is responsible for the standardization and institutionalization of front desk services;
7. Party B is responsible for the skills training of hotel employees (7 days);
8. Party B shall provide Party A with the preparation plan, material plan, marketing system, printed matter design, logo and opening label design and opening planning scheme;
9. Party B shall provide Party A with later business consultation and analysis, and conduct regular supervision as required;
10. Party B shall provide Party A with the development of new dishes on a regular basis, with no less than 4 items per month, and provide a food festival plan according to the seasonal needs;
1 1. If Party A opens another branch, Party A can use the model and system provided by Party B for free, but if it is necessary to appoint a chef team and train for the branch, the management fee will be discussed separately;
12. No matter why this agreement is terminated, Party A must unconditionally pay the salary and deposit to all personnel appointed by Party B. ..
Seven. Any dispute arising from the execution of this agreement shall be settled by both parties through consultation. If negotiation fails, Party A and Party B shall bring a lawsuit to their respective people's courts.
Eight. This agreement shall come into force as of the date of signature by both parties; Matters not covered shall be settled by both parties through consultation.
Nine, the original agreement in duplicate, each party holds one copy, with the same legal effect.
Attachment:
1. Copies of ID cards of Party A and Party B..
2. Kitchen management contract.
3. Design contract
Party A: Party B:
Date of signature: year month date of signature: year month day.
Part II of the Catering Share Cooperation Agreement Party A:
Party B:
On the basis of equality, voluntariness and consensus, Party A and Party B have reached the following agreement on joint investment and operation of catering companies:
1. Party A has the right to use the catering franchise brand "Chinese Restaurant" in Beijing, has the secret recipe of catering technology, and Party B has the funds. Now the two parties have decided to use their respective advantages to set up a catering limited liability company (hereinafter referred to as the company) in Beijing, which will be jointly operated by * * * and jointly profitable by * * *.
Two. The shareholders of the company are Party A and Party B. The business address of the company is in Beijing, and the specific address is tentatively set in Beijing. The name of the company is tentatively set as, the business scope of the company is, the legal representative of the company is and the executive director is, subject to the industrial and commercial registration. The business premises of the Company shall be leased by Party B. ..
Three. The registered capital of the company is RMB (hereinafter referred to as the total investment). Party A accounts for 49% of the registered capital, and Party B accounts for 565,438+0% of the registered capital, and shall bear risks and share profits according to this ratio. All the registered capital is paid by Party B, and 49% of the capital contribution that Party A should bear is also paid by Party B on behalf of Party A. If the company is established, Party B does not ask Party A to repay 49% of its capital contribution, which is regarded as a gift from Party B to Party A. ..
IV. Brand Use Agreement:
1. The right to use the Beijing area comes from the joining contract signed by Party A and the company. The contract is valid for one year, but it can be renewed. The initial membership fee is 654.38 yuan+700,000 yuan, which shall be paid by Party A. Now both parties agree that Party B shall bear 565,438+0% of 654.38 yuan+700,000 yuan, and Party B shall pay it to Party A on.
2. The use basis of the right to use depends on the franchise contract, and Party A does not make any special guarantee.
3. After the establishment of the company, only the company can use the brand independently in Beijing, and neither party can use the brand for catering business privately, otherwise it will be regarded as a breach of contract that damages the interests of the company, and the profits from this illegal business behavior will be owned by the company.
The company is actually managed by Party A. Party B is responsible for the investment and strategic expansion planning. Specific division of labor, the two sides will formulate the company system.
5. All the secrets of Party A's diet technology belong to Party A, not the property of the company, but Party A may authorize the company to use them, and the authorization period shall be decided by Party A. However, the authorized use is not exclusive and other uses of Party A cannot be restricted.
This agreement is a framework agreement. For matters not covered, both parties shall sign a supplementary agreement after friendly negotiation.
7. If the Company fails to obtain the industrial and commercial business license within days from the date of signing this agreement, this agreement will be dissolved automatically, and both parties will not be liable for breach of contract.
Eight, after the signing of this agreement, any party refuses to perform this agreement, shall bear the liability for breach of contract to the other party and pay liquidated damages in RMB.
Nine. This agreement is made in duplicate and shall come into force after being signed and sealed by both parties. Each party holds one copy, which has the same legal effect.
X if there is any dispute in this agreement, it shall be submitted to the jurisdiction.
Party A:
Party B:
date month year
Article 3 of the catering cooperation agreement: Party A (partner): ID number: address: Party B (partner): ID number: address:
Whereas Party A and Party X agree to jointly invest in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 1 The business purpose is to make use of the advantages and unique flavor of partners in fund management, so that partners can create labor results and share economic benefits through legal means.
Article 2 The term of a partnership enterprise shall start from _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 3 Risk warning of the amount, mode and duration of capital contribution:
The mode of cooperation should be clearly agreed, especially the cooperation involving different investment methods such as capital, technology and labor services. At the same time, it is necessary to clarify their respective rights and interests, otherwise it is easy to have disputes over responsibility and profit and loss sharing in the actual operation of the project.
1. Party A is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. The capital contribution of each partner shall be paid in full before _ _ _ _ _ _ _ _ _.
3. The capital contribution of this cooperation is * * * RMB _ _ _ (in words, RMB _ _ _). During the cooperation period, the capital contribution of each partner belongs to * * *, and it is not allowed to ask for division at will. After the termination of the cooperation, the capital contribution of each partner is still owned by the individual and will be returned on the day of termination of the agreement or at the time agreed by the partners.
Article 4 Financial management
1, unify the financial expenditure, and the official expenditure of one party must be signed by the shareholder or shareholder representative of the other party before it can be reimbursed by ticket; Private expenses, private expenses and business-related expenses unknown to other shareholders or shareholders' representatives shall not be reimbursed; Official reimbursement, procurement, sales and warehousing, all related business income and expenses must be recorded with original vouchers and vouchers for shareholders to check at any time.
2. The development decision and main financial use of this restaurant can only be effectively implemented after negotiation and approval by the highest direct shareholders of both parties.
3. If the restaurant is profitable, it will pay dividends according to the shares actually held by shareholders.
4. If the development of this restaurant is necessary, or the newly-added shareholders for financing must be signed by the original shareholders, the development decision of this restaurant and the use of major funds must be approved by the shareholders' meeting, and the resolution can only be implemented after the shareholders' meeting adopts the principle that the minority is subordinate to the majority, otherwise it will be deemed invalid.
5. If the shareholder management representative causes losses to other investors due to his negligence or non-compliance with this agreement, he shall be liable for compensation.
6.* * * The same investor may object to the shareholder management representative's execution of the same investment affairs. When raising an objection, the execution of the transaction shall be suspended. In case of dispute, it shall be decided by all investors.
7. When managing cash and petty cash, it shall not be used for other purposes, otherwise it shall be liable for compensation.
Article 5 Surplus, Wage Distribution and Debt Undertaking
1. Income distribution: the income excluding operating costs, daily expenses, wages, bonuses and taxes to be paid is the net profit, that is, the cooperative income-generating surplus, which is the key point of cooperative distribution and will be distributed according to the proportion of partners' capital contribution.
2. Debt commitment: In case of debt in the course of cooperative operation, the cooperative debt shall be repaid in priority by the partnership property; If the cooperative property is insufficient to pay off, it shall be borne in proportion to the capital contribution of each partner.
Article 6 Transfer, withdrawal and contribution of capital contribution
1, investment
(1) The investment of new partners must be approved by all partners;
(2) The new partner acknowledges and signs this cooperation agreement;
(3) Unless otherwise agreed in the investment agreement, the new partner of the investment company enjoys the same rights and assumes the same responsibilities as the original partner; The new partners who have invested shall be jointly and severally liable for the debts of the pre-investment cooperative enterprise.
2. Capital withdrawal
(1) Voluntary withdrawal of capital contribution. During the term of operation, under any of the following circumstances, the partner may withdraw his capital contribution:
(1) The reasons for withdrawing capital contribution agreed in the cooperation agreement appear;
(2) Withdrawing capital contribution with the written consent of all partners;
(3) It is difficult for the partners to continue to participate in the joint venture due to legal reasons; If a partner withdraws his capital contribution without authorization and causes losses to the cooperative enterprise, he shall compensate all the losses of the other partners.
(2) of course. In any of the following circumstances, the partner will of course withdraw his shares:
(a) dead or declared dead according to law;
(2) Being declared as a person without civil capacity according to law;
(3) the individual loses solvency;
(4) All property shares in a contractual joint venture shall be enforced by the people's court. The effective date of fund withdrawal under the above circumstances is the actual date.
(3) Withdraw capital from the market. Under any of the following circumstances, the partner may be removed by resolution with the unanimous consent of other partners:
① Failure to fulfill the obligation of capital contribution;
(2) Causing economic losses to the contractual joint venture due to intentional or gross negligence;
(three) the execution of improper behavior in the affairs of the contractual joint venture;
(4) Other reasons stipulated in the cooperation agreement; The resolution on the removal of a partner shall be notified in writing to the removed celebrity. The removed celebrity shall take effect from the date of receiving the notice of removal, and the removed celebrity shall withdraw his shares. If the removed celebrity refuses to accept the removal resolution, he may bring a lawsuit to the people's court within _ _ days from the date of receiving the notice of removal; After the partners withdraw their shares, the other partners and the personnel who withdraw their shares shall carry out liquidation according to the property status of the cooperative enterprise at the time of withdrawal.
3. Transfer of capital contribution allows partners to transfer all or part of their property shares in the cooperation. Under the same conditions, other partners have the priority to be assigned. For example, for people other than partners.
Transferred by a third party,
The third party shall be treated as newly invested capital, otherwise it shall be treated as the transferor's withdrawal of capital. Except for the partners.
If the third party accepts the property share of the cooperative enterprise, it will become a partner of the cooperative enterprise after the modification of the cooperation agreement.
Article 7 Risk warning of rights and obligations of partners:
The rights and obligations of all parties to the cooperation should be clearly agreed to avoid wrangling in the actual operation of the project.
Once again, warm reminder: due to the inconsistency between the cooperation mode and the project content, the rights and obligations of all parties are also inconsistent, which should be formulated according to the actual situation.
1. Rights of partners:
(1) The decision-making power, supervision power, specific business activities and important matters of cooperation affairs are decided by partner A * * * *;
(2) Partners have the right to distribute the cooperation income;
(3) The partners shall distribute the cooperation income according to the proportion of capital contribution or according to the agreement, and the property accumulated by the cooperative operation shall be owned by the partners.
(4) Partners have the right to withdraw their capital.
2. Obligations of partners:
(1) Maintain the unity of partnership property according to the cooperation agreement;
(2) Debt sharing and cooperative operating losses;
(three) to bear joint and several liability for cooperative debts.
Article 8 It is forbidden to warn of behavioral risks:
Obligations of confidentiality and non-competition should be agreed, especially for the technology and customer resources involved in the project, so as to avoid one party profiting from it outside the project or engaging in other activities that damage the rights and interests of the project.
1. Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of cooperation without permission; If the benefits obtained from its business belong to all partners, the losses caused by it shall be fully compensated by the partners themselves;
2. Prohibit the partners from participating in the business similar to or competing with this cooperation project;
3. Unless otherwise agreed in the cooperation agreement or agreed by all partners, the partners shall not conduct transactions with the joint venture;
4. Partners shall not engage in activities that harm the interests of the cooperative enterprise.
Article 9 Termination and liquidation of cooperation
1. The cooperation is terminated due to the following circumstances:
(1) The cooperation period expires;
(2) All partners agree to terminate the cooperative relationship;
(three) there is no legal partner;
(4) The cooperation transaction is completed or cannot be completed;
(5) Being revoked according to law;
(6) Other reasons for the dissolution of the contractual joint venture as stipulated by laws and administrative regulations.
2. Liquidation of cooperation:
(1) Liquidate the cooperation after dissolution and notify the creditors;
(2) The liquidator shall be appointed by all partners or agreed by more than half of all partners, and the partners shall appoint or entrust lawyers and accountants within _ _ _ days after the dissolution of the cooperative venture.
The third person acts as the liquidator. If a liquidator is not appointed within days, the partners or other interested parties may apply to the people's court for the appointment of a liquidator;
(3) After paying the liquidation expenses, the property of the cooperative shall be paid off in the following order: the wages and labor insurance expenses owed by the cooperative, the taxes owed by the cooperative, the debts of the cooperative, and the amount of capital contribution returned to the partners;
(4) If there is any surplus after settlement, it shall be distributed according to this Agreement;
(5) The part of the cooperative that suffers losses during liquidation and the cooperative's property is insufficient to pay off shall be handled according to the surplus distribution method. Each partner shall bear unlimited joint and several liability, and if the amount paid by the partner exceeds the amount due to joint and several liability, the partner shall have the right to recover from other partners. Risk warning:
Although the contract is detailed, there is no guarantee that the partner will not breach the contract. Therefore, it is necessary to clearly stipulate the terms of breach of contract, and once one party breaches the contract, the other party can use it as the basis for recovery.
Article 10 Liability for breach of contract
1. If the partner fails to pay the capital contribution in full and on time, it shall compensate the losses caused to other partners; If the capital contribution is not paid in full within _ _ _ days after the deadline, it shall be deemed as withdrawing the capital contribution;
2. If a partner transfers his share of property without the unanimous consent of the other partners, and the other partners are unwilling to accept the transferee as a new partner, it can be treated as withdrawing capital contribution, and the transferred partner shall compensate all the losses caused to the other partners;
3. If a partner pledges his share of the property in the joint venture without authorization, his behavior is invalid, and if losses are caused to other partners, the partner shall bear all the liability for compensation;
4. If the cooperative enterprise is dissolved due to serious violation of this agreement or gross negligence or violation of the partnership enterprise law, it shall be liable for compensation to other partners;
5. If a partner violates the provisions of this agreement, it shall compensate the other partners in full according to their actual losses. If the partner refuses to listen, the other partners can collectively decide to remove him.
Article 11 settlement of disputes by agreement all disputes arising from or related to this agreement shall be settled by all parties to the cooperation through consultation. If negotiation fails, it shall be submitted to the Arbitration Commission for arbitration. The arbitral award is final and binding on all parties.
Article 12 Others
1. Upon consensus, the partners may modify this Agreement or supplement matters not covered; In case of any conflict between the supplementary and modified contents and this Agreement, the supplementary and modified contents shall prevail;
2. The new investment contract can be an integral part of this agreement;
3. This Agreement was signed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. This agreement shall come into effect after being signed and sealed by all partners.
Party A: Date of signing the contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 4 of the catering share cooperation agreement Party A: ID number: hereinafter referred to as Party A; Party B: ID number: hereinafter referred to as Party B;
On the basis of equality, voluntariness and consensus, Party A and Party B have reached the following agreement on joint investment and operation of catering companies:
1. Party A has the right to use the catering franchise brand "Chinese Restaurant" in Beijing, has the secret recipe of catering technology, and Party B has the funds. Now the two parties have decided to use their respective advantages to set up a catering limited liability company (hereinafter referred to as the company) in Beijing, which will be jointly operated by * * * and jointly profitable by * * *.
Two. The shareholders of the company are Party A and Party B. The business address of the company is in Beijing, and the specific address is tentatively set in the downtown area of Beijing. . The name of the company is tentatively set as, the business scope of the company is, the legal representative of the company is, and the executive director is, subject to the industrial and commercial registration. The business premises of the Company shall be leased by Party B. ..
Three. The registered capital of the company is RMB (hereinafter referred to as the total investment). Party A accounts for 49% of the registered capital, and Party B accounts for 565,438+0% of the registered capital, and shall bear risks and share profits according to this ratio. All the registered capital is paid by Party B, and 49% of the capital contribution that Party A should bear is also paid by Party B on behalf of Party A. If the company is established, Party B does not ask Party A to repay 49% of its capital contribution, which is regarded as a gift from Party B to Party A. ..
Four. Agreement to use the ""brand:
1. The right to use Beijing comes from the joining contract signed by Party A and the company. The contract is valid for one year, but it can be renewed. The initial membership fee is 654.38 yuan+700,000 yuan, which shall be paid by Party A. Now both parties agree that Party B shall bear 565,438+0% of 654.38 yuan+700,000 yuan, and Party B shall pay it to Party A on.
2. The use basis of the right to use depends on the franchise contract, and Party A does not make any special guarantee.
3. After the establishment of the company, only the company can use the brand independently in Beijing, and neither party can use the brand for catering business privately, otherwise it will be regarded as a breach of contract that damages the interests of the company, and the profits from this illegal business behavior will be owned by the company.
The company is actually managed by Party A. Party B is responsible for the investment and strategic expansion planning. Specific division of labor, the two sides will formulate the company system.
5. All the secrets of Party A's diet technology belong to Party A, not the property of the company, but Party A may authorize the company to use them, and the authorization period shall be decided by Party A. However, the authorized use is not exclusive and other uses of Party A cannot be restricted.
This agreement is a framework agreement. For matters not covered, both parties shall sign a supplementary agreement after friendly negotiation.
7. If the Company fails to obtain the industrial and commercial business license within days from the date of signing this agreement, this agreement will be dissolved automatically, and both parties will not be liable for breach of contract.
Eight, after the signing of this agreement, any party refuses to perform this agreement, shall bear the liability for breach of contract to the other party and pay liquidated damages in RMB.
Nine. This agreement is made in duplicate and shall come into force after being signed and sealed by both parties. Each party holds one copy, which has the same legal effect.
X if there is any dispute in this agreement, it shall be submitted to the jurisdiction.
Party A: Party B:
Year, month, month, month.