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Catering brand franchisee investment agency agreement model?
Party A (franchisee): Address: Tel: Party B (licensee): Address: Tel: The two sides after friendly consultation, in the spirit of honesty and credit, mutual benefit, *** with the principle of development, according to the "People's Republic of China *** and the State Contract Law" and the provisions of relevant laws and regulations, the franchisee is authorized by the franchisor to be licensed to carry out the "_____________ "Franchise agent and promotion, and reached agreement on related matters: First, the purpose of 1, the franchisor has "_____________" series of products and brand intellectual property rights in accordance with the law, the licensee only after the franchisor's permission to use the " _____________" name, trademark, pattern, color and other legally protected intellectual property rights (hereinafter collectively referred to as the name and trademark). 2, the licensee is willing to use the franchisor's operating system and operating system, in acceptance of the terms of the contract and in the area specified in the contract licensed to open, promote " _____________" franchise chain stores in the area specified in this contract, and sell the franchisor's designated products. Legal Status of the Franchisee 1. The Franchisee pays its own expenses in its own name and carries out its activities as an independent operator. Therefore, the licensee is subject to the same legal requirements for all operators ****, in particular, the rules on eligibility and social, financial and commercial requirements. As an independent operator, the licensee shall carry out its activities at its own risk and profit. 2. The licensee is not the franchisor's agent, buying or selling representative, nor his employee or partner. The licensee is not acting as a commission agent of the franchisor, and the licensee shall not have the right to enter into contracts in the name of the franchisor, to make the franchisor liable to third parties in any respect, or to assume any obligations at the expense of the franchisor. In order to enable the licensee to operate normally, the franchisor grants the licensee the following rights: 1. The right to use the name and trademark of "__________________________". 2. The right to obtain guidance from the franchisor in the process of introducing and operating the business in terms of technology, business, law and operation. 3. The right to obtain technical, commercial, legal and operational guidance from the franchisor in the process of introduction and operation, etc. 3. The right to operate "_____________" designated products in the approved area and approved buildings according to the agreement on the royalty and price system of the products under this contract. 4. The right to enjoy the exclusive right to be the franchisee of the area agreed in the contract. 5. The right to enjoy the right to be the franchisee of the stores opened and opened in the approved area. 6. The right to share the royalties (including trademark royalties and advertising fees) of the stores opened and developed in the approved area. Fourth, the regional franchisor grants the licensee in ______ city in ______ province as "_____________" franchise chain agents, enjoy "_____________" store franchise agency rights to the The Franchisee shall promote, sell and distribute the relevant designated products in the above geographical area. 1. The Franchisee shall open or develop not less than ____ franchised stores during the contract period from ____ to ____. 2. If the number of stores is not completed in any of the above years, the Franchisor shall have the right to bring in a third party with the same rights as the Franchisee to operate and open the stores within the above area in the following year. 3, The franchisor has the right to introduce a third party with the same rights as the licensee to operate, open and promote "_____________" franchise chain stores in the above mentioned area from the following year, or the franchisor has the right to unilaterally terminate the present contract and cancel the licensee's agency right for the remaining period of the contract. 3. During the period of the present contract, according to the changes in the market, the two parties may consult to formulate the new store development objectives or planning, and after both parties reach an agreement and sign the supplemental agreement, the new development objectives will be set according to the new development objectives. Supplementary agreement in accordance with the new development goals or planning implementation. 4, the licensee shall not change or beyond the authorized area of operation, such as violation of the provisions of the franchisee has the right to terminate this contract, cancel the licensee the contract for the remainder of the agency rights. V. Authorization period 1. The authorized franchise agent promotion period is: from _____ _____ month _____ to _____ _____ month _____ day. This contract will come into effect on the date of signature/seal of both parties.2. Upon expiration of the contract, the franchisor will decide whether to renew the contract based on the performance of the licensee. The Franchisee must notify the Franchisor at least _____ months prior to the expiration of the term of this same contract whether or not to renew the contract, and failure of both parties to give notice of renewal will result in termination of this contract. VI. Decoration and Equipment Requirements 1. Building decoration The franchisor does not sign a decoration agreement with the franchisee in the area where the franchisee is acting as an agent, and the franchisee will sign a store decoration contract with the decoration company directly in accordance with the unified design. 2. The practical area of the store opened by the licensee in the territory approved by the contract shall not be less than __________ square meters, and the location of the store shall be subject to the written consent of the Party A. 3. The equipment for the store shall be provided by the licensee in accordance with the list submitted to the franchisee. 4. The licensee shall report to the franchisor according to the list, and the company headquarters shall unify the distribution and installation. VII. Brand image and management 1. The image of the stores shall be supervised and maintained by the licensee in accordance with the standards described in "__________" and the operation manual for the decoration, equipment and appearance of the stores in the area under its jurisdiction; when it does not comply with the requirements, the licensee is obliged to supervise the stores in accordance with the requirements of the franchisor to re-adjust and decorate, including updating the aging of the stores, to ensure that they are in compliance with the requirements of the franchisor, and to ensure that the stores are in accordance with the requirements of the franchisor. The licensee and its employees shall provide timely, courteous, friendly and effective service to customers and stores in the area under its jurisdiction. Franchisee and its employees shall provide prompt, courteous, friendly and efficient service to its customers and to the stores in its territory, and shall maintain the highest degree of honesty, fairness, and ethical behavior toward its customers and the public. 3. Franchisee agrees to enforce and supervise the opening of its stores in compliance with the following provisions established by Franchisor in the Operations Manual: (1) proper methods and procedures for the purchasing, displaying, storing, and selling of merchandise; (2) the safety, maintenance, cleanliness, operation, and appearance of its stores; (3) the uniformity of the image and appearance; (4) use of all names and logos; (5) guaranteed hours of operation and maintenance of working capital; (6) use of signs, logos, posters, displays, standard fixtures, and related products; (7) use of certificates as a licensee recognized by the franchisor, and as an owner of a store under its management; (8) selection of content, style, and approval of media for advertisements by the franchisee; (9) source, style, and media of merchandise displayed or sold in the store; (10) use of the store's products; (11) use of the store's products; (12) use of the store's products; (13) use of the store's products and services; (14) use of the store's products; and (15) use of the store's products. The source, type and brand of goods displayed or sold in the store; (10) The guarantee of the minimum amount of inventory maintained by the licensee; (11) Gifts, coupons or local promotional activities licensed by the franchisor; (4) Supervision of the licensee shall strictly implement the rules, regulations and policies of the franchisor regarding the stores and the promotion of "__________". Promotion of the regulations and policies, bear the agency area stores in the operation, health and other supervision and management responsibilities, is responsible for the supervision of its authorized area stores in the operation, decoration, the use of names and trademarks, the management of business personnel, training, service specifications should be in line with the requirements of the franchisor, the store's violations of timely notification of rectification or to the franchisor to put forward proposals for dealing with the situation. VIII. Training and Employment of Personnel The franchisor shall ensure the initial and subsequent training of the licensee: 1. Before the commencement of any activity, the licensee and its employees must receive the relevant training or guidance from the franchisor, and the licensee shall be familiar with the terms and conditions as well as the technical, commercial and management procedures. At the same time, the Franchisee shall be obliged to teach the above contents and methods to the relevant personnel in the stores within its jurisdiction.2. During the validity period of the Franchise, the Franchisee shall arrange for the participation of the Franchisee's employees and the relevant personnel in the stores within its jurisdiction. The date and place will be decided by the licensee.3. If the franchisor decides to change some of the methods of implementation, he must immediately notify the licensee in writing. IX. Food Hygiene and Safety 1. The licensee is obliged to supervise the stores opened or developed in compliance with the provisions of this contract, and after the stores are signed up, he must apply for the business license issued by the local government authorities at his own expense, health permits, and other certificates and licenses necessary for the operation of the stores stores. 2. The licensee must immediately stop the use of the food products, semi-finished products, finished products, packaging materials, and food blending equipment if he finds that there is any abnormality or if there is any suspicion and report it to the franchisor. The licensee must immediately stop using the equipment and report to the franchisor, and can only use the equipment normally after the franchisor confirms or deals with it and restores it to normal or removes the doubts, otherwise the licensee will bear all the losses and legal responsibilities if the food safety accidents or disputes are caused as a result of this, and the franchisor retains the right to pursue the licensee for the economic losses caused by the franchisor as a result of this. 3. Regardless of the reasons for the food safety accidents or disputes that occur in the stores within the area of the franchisee's jurisdiction, the licensee must notify the franchisor of such accidents or disputes. Disputes, the licensee must promptly notify (by phone or fax) the franchisor after the incident, and the licensee must immediately and properly install the personnel involved, or else cause the franchisor's reputation and related economic losses, the franchisor has the right to terminate this contract, as liquidated damages, the licensee will not be returned to pay all the fees, and the franchisee retains the right to pursue the licensee for this reason caused the franchisor's related economic losses. 4, All products must be sold within the shelf life, the licensee must destroy the products that exceed the shelf life, if the licensee sells expired products that cause food safety accidents or disputes, the licensor has the right to terminate this contract, as liquidated damages all fees paid by the licensee will not be returned, the licensee bears all the losses and legal liabilities, and the licensor retains the right to pursue the licensee for the economic losses caused by the licensor. The franchisor reserves the right to pursue the licensee for the economic losses caused by the franchisor. Management fee and other fees 1. The stores opened by the licensee in accordance with this contract must sign a separate Franchise Agreement with the franchisor before opening and the franchisor will charge a royalty fee of RMB ________/year for each store. In case of overcharging, concealment of collection or reporting of false amount, the franchisor has the right to refuse to recognize the legal status of the stores and the franchisor has the right to unilaterally terminate this contract and cancel the licensee's agency. The franchisor has the right to unilaterally terminate this contract, cancel the licensee's agency qualification, the franchisor has the right to re-select the agent in the region, and reserves the right to pursue the licensee for causing the franchisor's related economic losses. For the above mentioned stores, if they are directly operated stores opened by the Licensee, the Licensee shall pay to the Franchisor a royalty of RMB _________ in cash for each directly operated store opened by the Licensee. The above royalties (i.e. RMB _________/store) shall be remitted to the franchisor's designated account. 2. The above fees paid by the licensee to the franchisor must be paid by the licensee to the franchisor in the form of transfer or in cash: Account Bank: ________________________________________. Bank account number: _________________________________________. 3, the licensee shall not require the return of the above fees for any reason. 4, according to the needs of the market and development, the franchisor has the right to adjust the collection of store royalties, performance bonds, management fees, trademark royalties, advertising and promotional fees. XI. Rights and obligations of the franchisor 1. The franchisor is the holder of the name and trademark, and thus is qualified to grant the licensee the right to use them. The licensee's use of these rights does not prejudice the rights of any third party in the area as provided for in this contract.2. The franchisor agrees to provide the following services to the licensee prior to the commencement of any franchising operation: (1) provide the licensee with instructions including standards for the decoration of the premises and the display of the products; a checklist of the preparations required for the development of the business; provide the licensee with model terms of decoration and recommendations for conversion within the licensee's license; provide the licensee with information on the operation of the premises; and provide the franchisee with information on the operation of the premises, the location of the premises and the conditions for the operation of the premises, and any other information. remodeling; advise the licensee on any advertising and promotional activities to be undertaken by the licensee for the purpose of carrying out the franchise. (2) Provide the licensee with a quality product program and be responsible for the quality of the product. In the process of sales and storage, if the responsibility for the quality of the products is caused by the licensee, it shall be borne by the licensee. Licensee's Rights and Obligations 1. The franchisor grants the licensee the right to use the name and trademarks as stated in this contract. 2. The licensee shall further develop the know-how that he has acquired from the franchisor in accordance with the provisions of this contract. 3. The licensee and his employees shall participate in the necessary initial training courses organized in accordance with the provisions of this contract. 4. The licensee shall provide the franchisor with all the suggestions for improvement and experience gained from the operation of the franchised activities. 5. experience gained.5. The Licensee shall not supply to third parties of the Franchisor outside the Franchisor's approved area, otherwise the Franchisor shall have the right to terminate this Contract and disqualify the Licensee from acting as an agent, and all fees paid by the Licensee shall not be refunded, and the Franchisor shall have the right to re-select an agent for the area.6. "__________________ "All paper cups, plastic bags, work clothes and other supplies used in stores. All supplies and equipment that the stores must be equipped with must be purchased from the franchisor. Otherwise, the franchisor has the right to unilaterally terminate this contract, cancel the licensee's agency qualification, the performance deposit and franchise fee already paid by the licensee will not be refunded, and the franchisor has the right to re-select the agent in the area.7. The licensee has the obligation to supervise all the "__________________" stores in the area it is acting for The licensee is obliged to supervise all "" stores in the agency area, not to sell any products other than those designated by the franchisor, to prepare the products according to the formula provided by the franchisor, and to purchase raw materials from the franchisor or the manufacturers designated by the franchisor in writing. The licensee shall promptly notify the franchisor of any violation of the franchisee's rights or provide the franchisor with advice on how to deal with the violation.8. The licensee shall immediately notify the franchisor of any infringement or misuse of the franchisor's trademarks, trade names, or other abbreviations, as well as any infringement of the franchisor's trademarks, trade names, or other abbreviations, or any infringement of the franchisor's trademarks, trade names, or other abbreviations, or any infringement of the franchisor's trademarks, trade names, or other abbreviations. After prior written notice, the Franchisee shall, if legally able to do so, enter into any useful legal proceedings so that the Franchisor's rights may be recognized. XIII. Renewal At the expiration of the term of this Contract, the Franchisee shall have the right to preferential renewal of the Contract after its expiration on the same terms and conditions, provided that the following conditions are met: 1. It has performed its obligations under this Contract in a better manner, and has not been in a comparatively significant breach of contract. 2. It has paid the Franchisee the full amount of money that is due. 3. It submits an application in writing for the renewal of the Contract ____ months in advance. 4. If, on the expiration of the term of this Contract, the Franchisee If the licensee does not renew the contract after the expiration of this contract or give up the performance of this agreement during the contract period, it shall notify Party A in writing at ____ months before the expiration of this contract, and the licensee shall hand over the relevant information of all the "________________" stores in the region to the franchisor within one month after the receipt of the franchisor's reply.5. If the licensee does not renew the contract before the expiration of this contract, it shall notify Party A in writing. If the licensee does not indicate whether to continue to fulfill this contract by submitting a written request at ____ months before the expiration of this contract, the franchisor has the right to regard the licensee as giving up the right to renew the contract on a priority basis, and the franchisor has the right to choose another party to replace the licensee as an agent in the region, and the licensee, within one month after the receipt of the notification from the franchisor, shall hand over the relevant information of all "____" stores in the region to the franchisor. ________________" stores in the region within one month after receiving the franchisor's notification; the licensee must transfer all "________________" stores in the original agency area to another party authorized by the franchisor within one month before the expiration of this contract, and must The licensee must unconditionally cooperate with the franchisor and the other party authorized by the franchisor to handle and complete all relevant legal procedures and documents required for the transfer. XIV, dispute resolution due to this agreement or all disputes related to this agreement, by the A and B friendly consultation to resolve, if the consultation fails, by the ________ jurisdiction of the People's Court. Fifteen, other 1, by consensus, a, b parties can modify this agreement or supplement the outstanding matters; supplement, modify the content of the conflict with this agreement, to supplement, modify the content shall prevail. 2, this agreement is not agreed, a, b and failed to reach a supplemental agreement, in accordance with the provisions of national law. 3, this agreement in a single ____, a, b and both sides of the implementation of ____ copies. 4, This agreement shall come into effect after signed by A and B. Party A (signature): the contract signer: signed on the date: _____ year _____ month _____ day signed place: Party B (signature): the contract signer: signed on the date: _____ year _____ month _____ day signed place: