Franchising Contract Template
加盟特許經營合同編號NO.
Franchisee: C chain Limited (hereinafter referred to as "party a")
Address:
Legal representative: Duty:
Tel: Fax:
The franchisee: (hereinafter referred to as "Party B")
Address:
Legal representative: Duty:
Tel: Fax:
Preface:
(1) Party B recognised Party A as the legal owner of C products, intellectual property rights and related business models.
(2) both Party A and B are enterprises or natural persons established under the laws of the People's Republic of China. They can independently assume their responsibilities, fulfill their obligations and enjoy their rights.
(3) on the premise of equality and mutual benefit and true expression of intention, Party A and Party B have seriously discussed and agreed to promote common development. According to the relevant provisions of the People's Republic of China contract law and the relevant laws, regulations and rules promulgated by the Ministry of Commerce of People's Republic of China on commercial franchise management (Trial Implementation) and other relevant laws, regulations and regulations, the following agreement is hereby reached on Party A's direct license to C franchise.
(4) the subtitle used in this agreement is used for convenience and not legally binding.
1. definitions
In addition to the requirements of this contract (including preface), the following words should have the following meanings:
C products are distributed by Party A, including Party A's own design, development, production of products and Party A's marketing rights.
C intellectual property belongs to Party A, Party B has the right to use reasonably within the scope of this contract, including, but not limited to, C trademarks, trade names, patents, designs, CIS systems, and all other business technologies.
Promotional items are provided by Party A, including but not limited to hanging flag, hanging paintings, posters, special price cards, shopping bags and so on.
2. licensing authority
2.1 party a Chartered party B to open C chain store in the provincial and municipal district street, specializing in the sale of C products of unified distribution by Party A.
2.2 Party A shall grant all its C trademarks, products and related business models to Party B in the form of this franchise contract. Party B shall engage in C business activities in the unified business mode of Party A according to the provisions of this contract.
2.3 Party A shall grant the franchise right to Party B in the form of direct permission, and Party B shall not assign any franchise to any third party any more.
3. mode of operation
3.1 Party B must, on the day of signing the contract, take the relevant business tax registration procedures in the name of the local industry and Commerce Bureau and the Inland Revenue Department on the day before and after the date of the contract, and set up C chain stores on its own, which will be the prerequisite for the final C franchise.
3.2 the computer hardware and software in the chain store shall be purchased by Party A for Party A's management system. The total cost will be RMB 10000 yuan.
3.3 Party B must self invest and operate autonomously during its operation period. That is, Party B shall enjoy all the business rights and obligations of chain stores, and undertake all claims and debts incurred during the operation period. Party A shall not bear any liability for this.
3.4 during the period of operation, Party B can only manage the C products provided and licensed by Party A, and shall not operate any other products.
3.5 Party B must have a clear price in chain operation and sell according to the unified price set by Party A.
4. Party A's rights and obligations
4.1 party a rights
4.1.1 Party A and its designated management authority have the right to allocate the goods to Party B according to the market conditions.
4.1.2 Party A and its designated management authority have the right to check and check the business status, financial statements, sales of goods, inventory and so on.
4.1.3 during the performance of this contract, Party A shall be entitled to deduct a certain amount of the sum in the contract deposit as a penalty if Party B breaches the damage caused by Party A's failure or damage to the enterprise's image, and has the right to request Party B to compensate for the economic losses.
4.1.4 Party A has the right to terminate the contract unilaterally if it violates the basic rights and obligations of the contract, fails to pay the month of payment on time and causes serious damage to the image of the company and its designated management organization.
4.2 Party A's obligations:
4.2.1 is responsible for C's raw material procurement, product design, development and production, and is responsible for providing C products to Party B.
4.2.2 provides the relevant documents issued by the special party, Party A, when Party B establishes C chain stores.
4.2.3 the management department designated by Party A shall provide Party B with professional training in C chain operation (including: operation management, shop management, financial management, display and promotion, computer operation, etc.)
4.2.4 is responsible for the pavement design of Party B, and designate the local management authority before Party B opens a shop to be responsible for giving a certain amount of publicity and promotional items to the B (including hanging flag, hanging paintings, posters, special price cards and shopping bags). The number of the gifts shall be determined by the local regulatory agency designated by Party A according to the specific conditions of Party B's pavement.
4.2.5 is responsible for the formulation and revision of C chain store's business manuals and codes of conduct.
4.2.6 is responsible for maintaining the exclusive right of Party B to a certain extent.
5. Party B's rights and obligations
5.1 Party B's rights:
5.1.1 has the right to purchase from Party A the C products licensed for its operation and carry out business in the contractual address, unless otherwise specified in this contract.
5.1.2 has the right to own all rights and interests arising from the chain store's operation.
5.1.3 is responsible for personnel recruitment, business management and external sales of chain stores.
5.1.4 has the right to complain about the irresponsible actions of the management staff designated by Party A, causing Party B's serious shortage and affecting the sales behavior of Party B, and has the right to request timely and satisfactory reply.
5.1.5 has the right to know and inquire about the latest developments in product information and industry on the C website.
5.1.6 has the right to participate in the national activities organized by Party A.
5.2 obligations of Party B
5.2.1 payment to Party A in time.
5.2.2 according to the unified image requirements of C, strictly comply with the design drawings provided by Party A (or decorate shop by the decoration company designated by Party A), and be responsible for the renovation cost.
5.2.3 ensures the legality and integrity of the licenses of relevant departments such as industry and commerce, and tax authorities, so as to ensure the legitimate and normal development of chain store business.
5.2.4 in the chain store, we can only sell the C products licensed by Party A at the unified price stipulated by Party A, and shall not operate any other products. If the price of products needs to be adjusted for special circumstances, it is necessary to apply in writing to the regulatory agency designated by Party A and get the approval of Party A before it can be applied.
5.2.5 after the C product experience provided by the management department designated by Party A is concluded, Party B shall take good care of it, and be responsible for the quality of the products after acceptance and the after-sales service of the products sold.
5.2.6 sends special person to manage the goods and timely provide relevant data at the request of Party A and its designated management organization.
5.2.7 has the obligation to publicize and publicize the C online store, to provide services for the online customers in the region, and to obtain agreement profits.
5.2.8 actively participates in the unified promotional activities and other activities arranged by Party A.
5.2.8 is aware that any third party may infringe upon the rights and interests of Party A to C, or any dispute, litigation or arbitration relating to C products and the occurrence or possible occurrence of any business, and shall immediately notify Party A in writing.
6. franchise fees
At the time of signing the contract, Party B shall pay the franchise fee to the Party A in cash or in the form of a bill of exchange.
7. goods distribution, exchange and pportation
7.1 Party A provides the first time to the chain stores at the price per square meter from * * * to * * * *.
7.2 the administrative agencies designated by Party A shall unify the goods according to the market conditions of Party B. Within X months of opening, some sales will not exceed XX% of the total amount of delivery of this variety. Party B may submit a written application to the management agency designated by Party A. The goods are well preserved by Party A's confirmation of the application for exchange, and a certain proportion of exchange shall be given after the approval of Party A's approval.
7.3 on the day of opening a shop, Party B shall remit money to Party A's designated account XX days ahead of time. After receipt of the payment, Party A will organize the delivery. After opening the shop, Party B requests Party A to remit the money to Party A's designated account before delivery, and Party a arranges the delivery after receiving the payment of Party B, and Party B will pick up the goods from the warehouse of the local management designated by Party A, and the delivery period should be no less than X days.
8. commitment and assurance
8.1 Party A has the ownership of all the business technologies such as trademarks, trade names, CIS systems and other assets of X chain store, and Party B has no right to do any disposal.
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