whether the initial fee can be refunded depends on many factors.

first, it depends on the signing time. If the company has not started to provide services, no training, no site selection, no decoration design, etc. just after signing the contract, it is still in the "cooling-off period", and the franchisee has the right to unilaterally terminate the contract and ask the company to return the joining fee without having to bear the liability for breach of contract.

article 12 of the regulations on the administration of commercial franchising stipulates that the franchisor and the franchisee shall stipulate in the franchise contract that the franchisee may unilaterally terminate the contract within a certain period after the franchise contract is concluded. The "cooling-off period" clause is based on the fact that the franchisee may not have a full understanding of the industry to which he has joined, and the law requires the franchisee to give the franchisee a certain period of time to consider whether to continue to engage in franchising. If the franchisee decides not to engage in franchising, he can unilaterally terminate the contract at any time within this period. The franchisee's right to unilaterally terminate the franchise contract is a legal right, and the franchisee cannot arbitrarily restrict or deprive it. Even if there is no "cooling-off period" stipulated in the contract, the franchisee still enjoys the legal right to terminate unilaterally within a reasonable period.

however, how long the cooling-off period is, at present, has not been clearly defined. Generally, the courts should consider it according to the circumstances of the case, and the standards for determining it vary from place to place. If you decide not to join, you should terminate the contract as soon as possible and protect your rights and interests. After all, "the law does not protect the right to sleep", and the longer it takes, the worse it will be.

second, if the contract has been signed for a long time, or even the contract has expired, it will be difficult to apply the "cooling-off period" to exercise the right of unilateral dissolution. At this time, it is necessary to start with the company's faults and collect favorable evidence of rights protection.

1. Is there any false propaganda or false promises when the company invites investment?

article 23 of the regulations on the administration of commercial franchising stipulates that the information provided by the franchisor to the franchisee shall be true, accurate and complete, and shall not conceal relevant information or provide false information. If the information provided by the franchisor to the franchisee changes significantly, it shall notify the franchisee in time. If the franchisor conceals relevant information or provides false information, the franchisee may terminate the franchise contract.

according to the above provisions, if a company conceals relevant information or provides false information when inviting investment, the franchisee has the right to unilaterally terminate the franchise contract after discovering it. As to what information is concealed or to what extent false information is provided, the franchisee has the right to unilaterally terminate it. In judicial practice, it generally refers to information that has a significant impact on the signing of the contract and is enough to influence the franchisee's decision to sign or not.

2. whether the company actively fulfills its contractual obligations during the performance of the contract and whether the services provided are in line with the contract.

for franchisees, choosing to join and being willing to pay a certain joining fee is often because the company has made a lot of commitments to the project and agreed to provide a full set of shop opening services such as site selection, training, decoration design, distribution of equipment and materials, product update, etc., so franchisees can easily open stores. There are a large number of quick recruitment companies, which induce franchisees to pay the joining fee through false propaganda, etc., and often fail to provide corresponding services, or the services provided are seriously flawed.

article 563 of the civil code stipulates that the parties may terminate the contract under any of the following circumstances: (2) before the expiration of the performance period, one of the parties explicitly indicated or indicated by his own behavior that he would not perform the main debt; (three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged; (4) One party delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract.

according to the above provisions, if the company is at fault during the performance of the contract, the franchisee has the right to unilaterally terminate the contract on the grounds of the company's breach of contract, and ask the company to refund the money and compensate for the losses.

3. Is there any risk of defect or infringement of the trademark or project logo authorized by the company?

The trademark or project logo authorized by the company to be used by franchisees is the core business resource of the company. If its trademark or project logo is suspected of infringing on the exclusive right of others to register a trademark, it is a major defect in the business resource, and the company shall be deemed to constitute a fundamental breach of contract. Franchisees may sue the company to terminate the franchise contract and demand a refund of the franchise fee.