catering cooperative management contract
in today's developing world, the binding force of contracts on us is becoming more and more noticeable, and signing contracts can guarantee our legitimate rights and interests by law. Then the question is, how should we draw up the contract? The following is my carefully arranged catering cooperative management contract. Welcome to read and collect it.
catering cooperative operation contract 1
Party A: ID number:
Party B: ID number:
Party C: ID number:
Party A, Party B and Party C reached an agreement on the management of Shengcheng Restaurant in Xingui Street, Meixian County, and formed the following contract, which shall be kept by both parties:
Article 1 partnership name.
article 2 area of business premises: restaurants on the first to fourth floors, with a total area of about square meters.
article 3 partnership projects and scope: Chinese food and other services, etc.
article 4 total assets valuation of the restaurant: the restaurant was originally operated by both parties. At present, the restaurant assets are appraised at RMB 361,111, including tableware equipment decoration and other assets, which are approved by Party A, Party B and Party C..
article 5: shareholding ratio: party a, party b and party c each contribute 1.2 million yuan for shareholding operation.
article 6: after the contract is signed, Party A, Party B and Party C shall share the profit or loss in proportion to the equity.
article 7: surplus distribution: the income excluding the operating costs, daily expenses, wages and bonuses, taxes and fees, etc., is the net profit, that is, the surplus generated by the partnership is distributed in proportion based on the contribution ratio of Party A, Party B and Party C..
article 8: debt commitment: if any debt arises in the course of partnership operation, the partnership debt shall be repaid first by the partnership property; if the partnership property is insufficient to pay off, it shall be borne in proportion based on the capital contribution of the partners.
Article 9: Debtor-Partner Agreement: Within one year after the signing of the contract, each party shall not withdraw from the partnership. After Party A, Party B and Party C re-depreciate the restaurant assets and confirm them by the three parties, the withdrawing party shall be allocated according to the depreciated equity ratio under the same conditions, and the partner shall have the priority to be transferred.
article 11, the person in charge of the partnership and the execution of partnership affairs
All partners decide to entrust Party A as the person in charge of the partnership, with the authority as follows:
1. Conduct foreign business and conclude contracts;
2. Conduct overall daily management of contract projects;
3. Set operating prices and purchase common goods;
4. Pay partnership debts;
Article 11: Rights of partners.
2. the partnership has the right to distribute the benefits of the partnership;
3. The distribution of partnership benefits by partners shall be carried out according to the agreement on the proportion of capital contribution, and the property accumulated by partnership operation shall be owned by partners.
(II) Obligations of partners
1. Maintain the unity of partnership property according to the partnership agreement; 2. Debt to share the operating losses of the partnership;
3. Take joint and several liabilities for the partnership debts.
Article 12: 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 all
(2) the partners engage in activities that harm the interests of the partnership.
article 13: termination and liquidation of the partnership:
(1) the partnership is dissolved due to the following circumstances:
1 the term of partnership operation expires:
2 all partners agree to terminate the partnership: 3 the partnership affairs are completed or cannot be completed: 4 it is revoked according to law: 5 there are other reasons for the dissolution of the partnership as stipulated by laws and administrative regulations.
(III) Liquidation of the partnership:
1. Liquidation shall be conducted after the dissolution of the partnership, and the creditors shall be notified:
2. The liquidator shall be agreed by all the partners, and a lawyer, accountant, etc. shall be appointed as the liquidator within 15 days after the dissolution of the partnership. Within 15 days
3. After paying the liquidation expenses, the partnership property shall be paid off in the following order; Wages and labor insurance fees owed by the partnership to employees; Contract
4. If there is any surplus after settlement, it will be distributed according to the equity ratio of Party A, Party B and Party C..
5. When the partnership suffers losses and the partnership property is insufficient to pay off, it shall be allocated and borne according to the proportion of the partners' equity.
article 14: dispute resolution by agreement
all disputes related to this agreement shall be negotiated between the partners. If the negotiation is successful, it shall be submitted to Meixian County Court
(1) After negotiation, the partners may amend this Agreement or supplement matters not covered: the supplementary amendments conflict with this Agreement
(2) This Agreement is made in triplicate. Each partner holds one copy.
(iii) this agreement shall come into effect after being signed and sealed by all partners.
party a: party b: party c:
signing date: date of signing catering cooperative operation contract 2
party a:
party b:
in order to combine the advantages of both parties, * * * is committed to starting catering operation, and both parties have reached an agreement on the cooperation intention through friendly negotiation based on the principles of equality and mutual benefit, * * * common development and complementary advantages. The following agreements are reached on the specific matters of cooperation between the two parties and the rights and obligations of both parties:
Article 1 Purpose of cooperation: * * * Start a catering business
Article 2 Cooperative business projects: the establishment, operation and management of restaurants;
Article 3 Term of cooperation: from to,
Article 4 Mode of cooperation
Party A contributes RMB 11,111.11 Yuan. Party B contributed ten thousand yuan.
2. both parties' capital contributions shall be paid in full within 11 days before the establishment of the restaurant. if one party fails to pay or fails to pay in full within the time limit, it will not enjoy the rights of a partner in the restaurant and cannot participate in the profit distribution of the restaurant.
3. During the partnership period, both parties' capital contributions are * * * owned property, and they are not allowed to ask for division at will. After the partnership is terminated, both parties' capital contributions are still owned by individuals and will be returned at that time.
Article 5 Rights and Obligations of Party A and Party B
(1) Rights and Obligations of Party A
1. All decisions during the partnership period shall be determined by both parties through consultation. Party A is the person in charge of the partnership. Its rights and obligations are:
① to conduct business in the name of partnership and conclude contracts;
② daily management of the partnership;
③ After the establishment of the restaurant, it enjoys a salary of 21xx yuan/month;
④ pay the partnership debt;
(II) Rights and obligations of Party B:
① Participate in operation and management;
② After the establishment of the restaurant, it enjoys a salary of 21xx yuan/month;
③ responsible for accounting duties.
article 6 surplus distribution and debt commitment during the partnership period
1. surplus distribution is based on the amount of capital contribution and distributed in proportion. The profit is the surplus of the restaurant's total income MINUS the total expenditure, and the depreciation period of the product cannot exceed three years.
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 capital contributions of both parties.
Article 7: Join the partnership, quit the partnership and transfer the capital
1. Join the partnership:
① This contract needs to be recognized;
② Both parties need to agree;
③ implement the rights and obligations stipulated in the contract.
2. Quit the partnership:
① The partnership shall not quit within the first year.
② Do not quit the partnership when the partnership is unfavorable;
③ If you want to quit the partnership, you should inform the other party one month in advance and get the consent;
④ After quitting the partnership, the settlement shall be made according to the property status at the time of quitting the partnership. No matter how the investment is made, it shall be settled in money.
3. Transfer of capital contribution: During the term of the partnership, its capital contribution in the partnership may be transferred to the other party or a third party within the limit of the original capital contribution.
Article 8 Termination and Matters of Partnership
The partnership is terminated due to one of the following reasons:
① The partnership term expires;
② both parties 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 the case at 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) shall be invited to participate in the liquidation;
② if there is surplus after liquidation, the creditor's rights shall be collected in proportion to pay off debts, and the capital contribution shall be returned, and the remaining property shall be distributed in proportion. Fixed assets and inseparable items can be sold to one party or a third party 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 partners have contributed, they shall first repay it with the partnership property, and the part of the partnership property that is insufficient to pay off shall be borne by the partners in proportion to their contribution.
article 9 in case of any dispute between party a and party b, they shall negotiate with each other and settle it on the principle of being conducive to the development of the restaurant business. If negotiation fails, either party may bring a lawsuit to Dunhuang People's Court.
article 11 if there are any matters not covered in this contract, both parties shall * * * discuss with each other to supplement or modify it. The supplementary and revised contents have the same effect as this contract.
article 11 this contract is made in duplicate, one for party a and one for party b, all of which have the same legal effect. This contract shall come into effect as of the date when both parties sign it and report it to the administrative department for industry and commerce for approval.
party a (official seal): _ _ _ _ _ _ party b (official seal): _ _ _ _ _ _
legal representative (signature): _ _ _ _ _ _ _ legal representative (signature) : _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. The total investment of the above address shall be paid by Party B unilaterally, including all expenses such as rent, workers' salary, decoration and all equipment; After the expiration of the cooperation period, the store and equipment shall belong to Party B..
3. Party B shall pay Party A an initial fee of RMB 51,111; On the day of signing the cooperation contract, Party B will pay Party A the start-up capital of RMB 21,111, and the rest will be paid RMB 11,111 per month for the profit in the store.
after the two parties sign the contract, Party A has a special team to assist Party B in preparing for the establishment of the store, providing:
1 paid: store design drawings and advertising content (only Party A is responsible for the design); Materials, appliances, clothing samples.
2 Free of charge: a set of Business Manual; Material procurement plan; Conduct centralized training and assessment for the main staff of the franchised stores, so that their working ability can meet the opening requirements.
5. Party A has the right to adjust the wages of workers within 1.5% of the turnover.
6. Party B shall pay the management fee to Party A in the following circumstances:
1 The gross operating profit margin of the store reaches 41% to 44% every month, and the management fee paid by Party B to Party A is 3% of the turnover of that month;
2 The gross profit margin of the store reaches 45% to 46% every month, and the management fee paid by Party B to Party A is 5% of the monthly turnover;
3 The gross operating profit margin of the store is over 47% every month, and the management fee paid by Party B to Party A is 6% of the monthly turnover;
the monthly net profit belongs to party b.
this contract is made in duplicate, and it will come into effect after being signed by both parties.
party a (official seal): _ _ _ _ _ _ _ party b (official seal): _ _ _ _ _ _
legal representative (signature): _ _ _ _ _ _ _ _ legal representative (signature): _ _ _ _ _ _ _ _ _.