Current location - Recipe Complete Network - Catering industry - Joining a gold shop is no good. When the contract expires in one year, can the joining fee be refunded?
Joining a gold shop is no good. When the contract expires in one year, can the joining fee be refunded?
It depends on how the relevant provisions of the franchise contract are agreed.

The main clauses mainly include:

(1) A contract always has a time limit. This part shall specify the mutually agreed start and end time of the contract.

(2) to join the conditions and rights. Joining conditions include: the amount of joining fee, payment time, payment method, whether it can be returned, the decoration of the store and the cost burden, and the licensor is not allowed to join from multiple parties in the same place. Franchisees' rights include: using special signs and related information, getting relevant training and guidance free of charge, sharing business information, exclusive local franchise, business improvement and development rights, etc.

③ Business contact (intellectual property, procurement, sales, reimbursement, etc.). ), which includes: the franchisee can use the licensor's special signs and special business methods free of charge, and the areas, standards and extent of intellectual property rights granted by the licensor to the franchisee; Franchisees can promote their business; The price and channel of the franchisee's purchase from the authorized party, the determination of the sales price, and the collection and payment of the payment; Franchisee's business summary report and suggestions to Licensor.

④ Confidentiality and insurance. Franchisees have special confidentiality responsibilities and obligations to keep relevant business secrets. Licensor shall not grant the franchise right to the third party where the franchisee is located, keep business secrets and perform the business technology insurance responsibility.

⑤ Exit mechanism and mode. These include: the conditions for termination or rescission of the contract, the fees paid by both parties and the return of equipment, the obligations of both parties to keep each other's data and business information confidential and not to use them, and the obligations of both parties to protect and tolerate each other's business reputation.

⑥ Liability for breach of contract and liability for claim. Licensor fails to provide franchise authorization, false authorization, multi-party authorization, insufficient authorization, unfair authorization conditions, etc. All cases of breach of contract should be listed in the contract; The franchisee's delay in payment, non-payment, abuse or misuse of the other party's intellectual property rights or business information, and failure to maintain the good image of franchise authorization are all breach of contract, and the responsibilities should be clearly stipulated in the contract. In addition, the way to investigate the liability for breach of contract should be clear, that is, the application of liquidated damages and compensation for losses or fines or termination of the contract. It can't be written as "breach of contract should be investigated for breach of contract", because this expression is too vague and the content is not specific. Once a breach of contract dispute occurs, it is difficult to investigate the responsibility.

⑦ Force Majeure clause. These include the exemption from liability in the event of natural disasters, strikes, coups or wars, legal changes and other irresistible events, and whether the performance of the contract is delayed or changed.

(8) methods to solve disputes. Both parties shall agree to choose negotiation, mediation, arbitration or litigation. If you choose litigation, you can specify the litigation place and court according to law; Arbitration can also be handled in the same way, and arbitration fees can be agreed.