Sample Hotel Contract 1
Contractor (Party A): _ Catering Company Limited
Contractor (Party B): _ Catering Company Limited
Party A for the operation of _ hotel, has been leased in Shanghai Pudong New Area _ square _ room housing, and has carried out the preliminary renovation and part of the opening of the preparatory work, * * * * investment in the RMB ___ x million yuan, now Party A is unable to open the hotel at present due to the lack of funds required for opening, liquidity and the ability to operate and manage the hotel in the Shanghai area.
Party A, Party B and the two sides by consensus, on Party A will be the hotel contracted by Party B related matters, has reached the following agreement to comply with:
First, the hotel's contract
Party A agreed to the hotel contracted to Party B, Party B agreed to contract for the operation of the hotel.
Second, in view of the lack of funds and liquidity required for the opening of Party A, the hotel does not yet have the conditions for the opening of the business. To this end, Party B agreed to invest on behalf of Party A 3 million yuan, as the rest of the opening funds and operating liquidity. The investment Party A agreed to the contractual gold offset, reimbursement of Party B in installments.
Three, the contract period
The contract period is eight years, calculated from the date of handover of all the hotel.
Each year or each contractual year referred to hereinafter shall mean a period of twelve consecutive months from the date of commencement of the contractual term.
Fourth, the amount of the contract and payment
1. The annual contract sum is RMB 6,000,000 yuan.
The contract sum is a one-time lump sum and will not be adjusted due to any factors. The hotel and its facilities, equipment, decoration, etc., will not be billed separately.
2, payment:
The first five years of the annual contract, directly offset the investment of Party B, without separate payment; subsequent annual contract, Party B should be in each contract year before the expiration of the contract, a one-time payment to the Party of the contract for the year of RMB 1,000,000 yuan.
Fifth, the handover of the hotel
The date of the signing of this agreement x days, Party A shall transfer the hotel to Party B, including the hotel where the house, facilities and equipment, hotel supplies and other property and financial books, receipts, invoices.
Six, business management
1, the contract period, Party B's independent management, Party A shall not interfere with Party B's business. Party B has the right to independently determine the specific mode of operation, including all or part of the hotel during the contract period will be entrusted to a third party business management.
2, the contract period, Party B is responsible for Party A's name to carry out business activities, the use of Party A's business license and other business procedures. But the hotel opened the health, fire and other business procedures and annual inspection, Party B is responsible for handling, Party A should provide relevant supporting materials to assist. The corresponding business license, health, fire and other business procedures, the original by Party B to save.
3. During the contracting period, Party B will select and employ employees in the name of Party A, and Party B will be responsible for the salary of the employees.
4, Party B builds its own financial books and is responsible for the management of accounts in the operation, receipts, invoices, etc. by Party B for safekeeping and use.
5, Party B should pay taxes in strict accordance with national laws and regulations, such as tax evasion, all the responsibility borne by Party B, such as causing Party A to be penalized by Party B to compensate Party A.
6, Party B should pay taxes in strict accordance with national laws and regulations.
6, Party B contracting period, such as the need to issue documents in the name of Party A or need to be stamped with the official seal of Party A, Party A shall be assisted.
7, Party B's business period, Party B can be based on the operational needs of renovation, remodeling or additional facilities and equipment or other items needed to increase business. Party B's new investment in the two sides at the end of the contract, Party A according to the evaluation of the value of compensation for Party B.
VII, related costs and responsibilities
1, Party B contracted to operate the hotel during the period of water, electricity, heating, sewage charges and other costs incurred by Party B, Party B bear.
2. During the contracting period, Party B is responsible for paying the rent of the house where the hotel is located.
3, Party B's operating period is responsible for its own profit and loss, Party B contracted to operate the debt borne by Party B, contracted to operate all the profits belong to Party B.
Party B's contracted to operate the hotel.
VIII, maintenance
The hotel operation process, such as Party A's pre-decoration or facilities and equipment problems, Party A is responsible for maintenance; such as the normal use of the problem occurs, Party B is responsible for maintenance.
In the case of normal use of Party B, such as the hotel and its facilities and equipment need to be overhauled or updated, Party A is responsible for and bear the costs.
IX, the expiration of this agreement, the two sides can renew the contract by consensus. If Party A leased or re-contracted, Party B has the right to lease or contract under the same conditions.
X. Liability for breach of contract
1, any party in violation of this contract, shall be in accordance with the "Chinese People's *** and the State Contract Law" to assume the responsibility for breach of contract, compensation for the other party's losses.
2. During the contract period, Party A shall not unilaterally terminate the contract. Otherwise, Party A shall compensate Party B for the liquidated damages of RMB _ million yuan and return the outstanding investment of Party B.
XI, dispute resolution
Disputes between the two parties arising out of this Agreement shall be resolved through consultation, and if the consultation fails, either party may file a lawsuit with the People's Court of Shanghai Pudong New Area.
XII, the annexes to this Agreement are an integral part of this Agreement and have the same legal effect as this contract.
xiii. This Agreement shall be executed in four copies, two copies for each party, with the same legal effect.
Fourteen, this agreement shall enter into force on the date of signature and seal of both parties.
Party A: _ Catering Co. Party B: _ Catering Co.
Representative: Representative:
Signing date: Month, year
Sample of short version of the restaurant contractor contract 2Party A:
Party B: (hereinafter referred to as Party B)
Address: Tel: Fax: Legal representative:
Party A According to the need to contract the dining hall to Party B operation, management. In order to clarify the relationship between the two sides of the work of the rights and responsibilities, in accordance with the Chinese People's **** and the State "Contract Law" and related regulations, in the principle of equality and mutual benefit. Under the principle of friendly consultation between the two sides, we have drawn up the following contract for the two sides *** with the implementation of compliance.
I. Contracting period
The probationary period is three months, starting from November 01, 20_ to January 31, 20_. Qualified after the contract automatically effective period of one year, that is, from February 01, 20_ to January 31, 20_ after the expiration of the contract period, the natural termination of this contract. If both parties need to continue to cooperate, continue to sign a new contract.
Second, the content of the contract
1, meal standards
Meal standards for 9 yuan / person / day. Among them: cadres meal meal standard is 12 yuan / person / day.
Breakfast is / person / meal; breakfast is $ / person / meal;
Lunch is $ 4 / person / meal; lunch is $ 5 / person / meal;
Dinner is $ 4 / person / meal; dinner is $ 5 / person / meal.
Late-night snacks are free and available. Congee, savory dishes, rice noodles in soup, noodles in soup, river noodles in soup and so on.
2, the meals provide food requirements
Lunch, dinner: provide dishes 2 meat dishes 1 vegetarian dishes) category employees can be any food. Cadres can choose 4 dishes (2 meat dishes 2 vegetarian dishes) 1 soup;
Third, Party A's responsibility
1, Party A provides water and electricity free of charge, the staff dormitory to the kitchen staff to use, in the accommodation, if there is damage to or loss of facilities and equipment in the dormitory of the Party B shall be compensated according to the price.
2, Party A's existing kitchen and its supporting equipment and facilities, appliances by Party A issued a list of Party A signed by both parties to confirm the archives,
Party A free to Party B, Party B is responsible for the management and maintenance, repair and maintenance costs by the Party B at their own expense; if damaged or lost, Party B need to be compensated for the price; after the expiration of the contract period, Party B as a number of return to Party A and with Party A to complete the liquidation work.
3.
3, employees queuing up to eat, if necessary, during the meal Party A security personnel to help maintain order.
Fourth, Party A's authority
1, Party A has the right to Party B's services and food quality supervision, inspection, such as health, safety, security, fire and comprehensive management.
2. Party A may supervise and inspect the accuracy of the meal time on a regular or irregular basis; the meal time is stipulated by Party A. Party A may notify Party B in advance of the early or delayed meal time according to the production needs. 3, Party A has the right to the existence of Party B's unreasonable problems put forward corrective comments.
4, Party A employees found in the meal due to Party B's reasons for foreign objects such as wire, hair. Each time the fine is 500 yuan, the fine is deducted from the meal costs. 5, contracting period, Party A dining staff 30% (including) more than the quality of Party B's food, health, service attitude and other opinions, proving that Party B is not suitable for contracting Party A's company canteen, Party A has the right to terminate this contract at any time. 6、Party A has the right to conduct IKEA IWAY audit on Party B. 7, Party A has the final interpretation of the terms of this contract.
V. Party B's responsibility
1. Party B shall purchase insurance on food poisoning for all employees of Party A free of charge. If Party A's employees eat Party B's meals caused by food poisoning, the relevant departments to determine the proof of Party B's meals caused by all the consequences of Party B is responsible for.
2, Party B needs to provide valid documents to Party A for the record, including business license, food and beverage license, canteen staff health certificate and ID card copy. Party B is responsible for any legal liability arising from the lack of valid documents.
3, in the factory, Party B staff must comply with Party A's rules and regulations, if any violation, Party A can be punished according to the factory regulations.
4, the dining hall operation of the fuel costs incurred by Party B to take care of their own; Party B should do a good job of water and power outages contingency plans to ensure that the water and power outages do not affect the normal food supply.
5. All costs related to Party B's operation, such as staff employment and welfare, cleaning and labor insurance supplies, insurance costs, transportation costs, annual inspection of documents, equipment maintenance costs, Party B's staff costs of work-related accidents, etc., are at Party B's own expense.
6. Insufficient tableware, kitchenware and other canteen supplies can be purchased by Party B after informing Party A. After the expiration of the contract, Party B can take them away or depreciate them and transfer them to the next contractor.
7, Party B must be strictly in accordance with the time stipulated by Party A punctual meals.
8, national holidays (New Year's Day, Spring Festival, Labor Day, Dragon Boat Festival, Mid-Autumn Festival, National Day) for Party A free of charge for an additional meal (one meal),
9, the dining hall staff due to personal hygiene, service attitude and other reasons by the employees complained about Party B must be replaced on the same day with new staff.
10, Party B staff are required to hold a valid health card on duty, and annual health checks. During the work period, shall uniformly wear overalls, wearing caps, disposable gloves, masks and other health supplies. If Party A wants to check when found in violation of this clause, can be fined 50 yuan -100 yuan each time.
11, Party B shall not employ child labor and underage workers.
12, Party B is not allowed to employ any forced labor, prison labor, bonded labor or involuntary labor.
13. Party B shall not allow any corruption or bribery and bribery related to IWAY business and shall not forge any official documents related to IWAY.
14. Party B will not allow any serious environmental pollution.
15. Party B shall prevent the exposure of employees to serious health or safety hazardous conditions. 16. Party B shall keep transparent and reliable records of all employees' working hours and wages. 17, Party B shall pay employees wages not less than the legal minimum wage.
18, Party B shall provide all employees with work injury insurance to cover the medical consultation and treatment related to work accidents, and compensate those who are permanently disabled due to work accidents.
19, Party B must strictly comply with the requirements of Party A's client IKEA and cooperate with Party A's audit of Party B. Other specific terms can be found in the IWAY Implementation Standards and IKEA Guidelines on Prohibition of Child Labor.
20. If Party B fails to fulfill the requirements of the contract due to its own reasons, which affects Party A's normal production or causes Party A to violate the customer's requirements, Party B shall bear the responsibility of the resulting labor cuts.
Six, Party B's authority
1, Party B has the right to hire, call staff.
2, Party B has the right to independently deal with the operation process of the cardboard boxes, living garbage, leftovers and other things, the proceeds of the cost should be returned to the Party B.
VII, food safety and hygiene management
1, Party B to provide all the food raw materials must comply with national health quality standards and relevant industry standards, is strictly prohibited the procurement and processing of spoilage, mold and other unqualified food. If Party A needs, Party B shall provide relevant food safety testing certificate or bills.
2. Party B is prohibited from using gutter oil and must use packaged blended oil. Party B must be responsible for the quality and safety of the blended oil used. If you violate this rule, you will have to deduct the cost of the meal.
3. The rice and flour used by Party B must be non-expired, non-perishable, non-flavorful, free of impurities, non-toxic and harmless, and all have inspection certificates.
4. Before Party B cooks food, all food materials must be thoroughly cleaned. 5, Party B to provide all tableware must be cleaned and strictly disinfected.
6, Party B must ensure that the kitchen and dining hall site hygiene, clean, while accepting Party A's supervision and inspection. Party B need to clean the dining room and kitchen every day, a weekly cleaning; kitchen and dining room can not have oil and water, rainy season or wet season to do a good job of non-slip measures; every month on the kitchen and dining room mosquito and pest control, and make the relevant records. 7, Party B must comply with the "Food Safety Law" and other national and local laws and regulations related to food safety, if there is any violation of laws and regulations, Party B shall bear all the responsibilities.
VIII. Settlement
1, settlement: the month's meal costs according to the number of people provided daily to the actual number of meals and the number of card can not be less than 20 people per day, if less than 20 people, the number of people reported to the number of meals calculated meal costs and the contract agreed to the standard of the meals to reconcile and settle the account, the 1st-5th of each month reconciliation. (Note: Repeated swipes will not be counted)
2. Payment time: Party A will pay the previous month's meal fee (excluding tax) in a lump sum before the 30th of the following month (holidays will be postponed).
Nine, liability accidents and breach of contract
1, such as Party B to provide food due to hygiene or quality problems on the health of Party A employees caused by adverse health effects or food poisoning, and after the relevant state departments to confirm the test, Party B bear the corresponding legal responsibility and economic compensation. 2, Party B needs to do a good job of fire prevention and theft and other security work, such as causing security accidents, Party B needs to bear all the responsibility.
3, Party B shall not arbitrarily subcontract services, if any violation of this provision Party A has the right to immediately terminate this contract and do not pay the monthly food expenses.
4, Party B with kitchenware, the expiration of the contract, the next one does not receive their own take away.
Ten, the entry into force of the contract, change, termination, termination and renewal
1, such as Party B canteen management work food standards do not meet the requirements of the factory, the two sides verified, Party A has the right to put forward corrective comments or terminate the contract.
2, the contract period, the two sides shall not unilaterally terminate the contract without cause or at will. If Party A wants to terminate this contract, Party B shall be notified in writing 30 days in advance. If Party B terminates this contract, Party A shall be notified in writing one month in advance so that both parties can do a good job of personnel streaming and convergence of work.
3, this agreement in two copies, Party A and the two sides of one, signed and sealed by the representatives of both parties to enter into force, the contract, if any outstanding issues, to be resolved by the two sides to negotiate and sign a written document, and this contract has the same effect.
Party A (seal): Party A (seal):
Legal representative (or proxy) (signature) Legal representative (or proxy) (signature)
Date: Date:
Sample of a short version of the restaurant contract 3Contractor: (hereinafter referred to as Party A) __________________
p> Contractor: (hereinafter referred to as Party B) __________________
Time of signing: ________________
Place of signing: ________________
Article 1 The Contractor offers the restaurant located at ________ for the use of the Contractor, who is engaged in the agreed upon business activities.
Article 2 Term of Contract: From the date _________ _______ _______ when the Offeror delivers the Hotel to the Contractor for use, to the date _________ _________ _______ when the Contractor takes it back.
Article 3 Contractor's money and the time and manner of delivery
Contractor's money per month (capitalized) _____________________.
The contracting money shall be paid once every _______ month, first paid and then used, the first contracting money shall be handed over to the contractor within __________ days after the contract comes into effect, the second contracting money shall be paid off at ___________, and so on for subsequent deliveries.
Article 4 The business scope of the contracted restaurant __________________________
Article 5 The contractor shall operate legally, and all debts and claims incurred by the contractor in the course of operation shall have no connection with the contractor.
Article 6 The contractor shall bear all the fees and taxes in the course of operation, and the contractor shall not bear any expenses.
Article 7 The contractor is allowed to renovate the restaurant, the renovation is depreciated over a period of 5 years, if the demolition occurs within 5 years, the actual compensation is owned by the contractor, who compensates the contractor for the depreciation of the renovation for the remaining years. At the end of the contract, the renovation goes to the contractor without compensation.
Article 8 The contractor shall not sublet the hotel without the consent of the contractor. If the contractor agrees to sublet, the termination period of the subletting contract shall not exceed the term of the original contract, and the contractor shall compensate for the loss caused by the third party.
Article 9 Conditions for the termination of the contract: __________________________
Article 10 Liability for breach of contract: Any party who is in breach of contract shall pay to the non-defaulting party the liquidated damages of ___________ yuan and compensate for the corresponding losses.
Article 11 The contractor shall be exempted from liability for the demolition and loss of the subject matter due to reasons other than those of the contractor.
Article 12 Settlement of Contract Disputes: Disputes arising in the course of the fulfillment of this contract shall be resolved through consultation between the two parties; if the consultation fails, litigation may be initiated directly to the People's Court of the place where the house is located.
Article 13 Other agreed matters:
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): _________ Legal representative (signature): _________
_________ Year ____ Month ____ Day _________ ____ month ____ day