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Model investment agency agreement for catering brand franchisees?
Party A (Franchisor): Address: Tel: Party B (Franchisee): Address: Tel: After friendly negotiation, both parties, based on the principles of good faith, mutual benefit and common development, authorize the Franchisee to conduct "_ _ _ _ _ _ _ _ _ _ _ _ _" The franchisor legally owns the intellectual property rights of "_ _ _ _ _ _ _ _ _ _ _" series products and brands, and the franchisee can only use the name, trademark and brand of "_ _ _ _ _ _ _ _ _ _ _" with the permission of the franchisor. 2. The Franchisee is willing to open and promote "_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _" franchise chain stores and sell related designated products of the Franchisor within the area specified in this contract according to the terms of this contract. Two. The legal status of the franchisee 1. As an independent operator, the franchisee carries out activities at its own expense. Therefore, franchisees must accept the same legal requirements for all operators, especially the rules on qualifications and social, financial and commercial requirements. Franchisees, as independent operators, should bear all the risks of their activities and profit from them. 2. The franchisee is not an agent, sales representative, employee or partner of the franchisor. The franchisee is not a commission agent of the franchisor, and the franchisee has no right to sign a contract in the name of the franchisor, so that the franchisor will bear the responsibility to a third party in any way, or the franchisor will bear the expenses and undertake any obligations. Three. Granted rights In order to enable the franchisee to operate normally, the franchisor grants the franchisee the following rights: 1, and uses "_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2. The right to obtain technical, commercial, legal and business guidance from the franchisor in the process of introduction and operation. 3. The right to operate the designated products related to the "_ _ _ _ _ _ _ _ _ _ _ _" specialty store in the approved area and building according to the product patent fee and price system stipulated in this contract. 4. Enjoy exclusive franchise in the area agreed in this contract. 5. Enjoy the right to share the royalties (including trademark royalties and advertising fees) for opening and developing stores in the approved area. Four. The regional franchisor authorizes the franchisee to act as the agent of "_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1". During the contract period, the franchisee shall at least start business or develop _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 2. If the number of stores opened is not completed in any of the above-mentioned years, the Franchisor has the right to introduce a third party with the same rights as the Franchisee to operate, open and promote the "_ _ _ _ _ _ _ _ _ _ _" franchise chain stores in the above-mentioned areas from next year, or the Franchisor has the right to unilaterally terminate this contract and cancel the Franchisee's agency right for the remaining period of this contract. 3. During the term of this contract, according to the market changes, both parties may formulate new development goals or plans for the store through consultation, which will be implemented according to the new development goals or plans after both parties reach an agreement and re-sign a supplementary agreement. 4. Franchisees shall not change or exceed the authorized business area. In case of violation, the franchisor has the right to terminate this contract and cancel the franchisee's agency right for the remaining time of this contract. V. Term of authorization: 1. The promotion period of authorized franchisees is: from _ _ _ _ _ _ to _ _ _ _ _ _. This contract shall come into effect as of the date of signature/seal by both parties. 2. After the contract expires, the franchisor will decide whether to renew the contract according to the performance of the franchisee. The franchisee must inform the franchisor whether to renew the contract at least _ _ _ months before the expiration of the same period. If both parties fail to send the renewal notice, the contract will be terminated. The intransitive verb decoration and equipment demand 1. Building decoration franchisees do not sign a decoration agreement with franchisees in the franchisee's agency area, but the franchisees directly sign a store renovation contract with the decoration company according to the unified design. 2. The actual area of the store opened by the franchisee in the area approved by this contract shall not be less than _ _ _ _ _ _ _ square meters, and the location of the store shall be subject to the written consent of Party A.. 3. The store equipment shall be submitted by the franchisee to the franchisor according to the list, and shall be uniformly distributed and installed by the company headquarters. Seven. Brand image and management 1. Store Image Franchisee shall supervise and maintain the decoration, equipment and appearance of each store within its jurisdiction in accordance with "_ _ _ _ _" and the standards described in the operation manual; When it does not meet the requirements, the franchisee has the obligation to urge all stores to readjust and decorate the stores according to the requirements of the franchisor, including updating the aging equipment. 2. Franchisee and its employees shall provide timely, courteous, friendly and effective services to customers and stores within its jurisdiction. Maintain maximum honesty, fairness and ethical standards to customers and the public. 3. The Franchisee agrees to implement and supervise the opening of the store according to the following provisions set by the Franchisor in the Operation Manual: (1) Correct methods and procedures for purchasing, displaying, storing and selling goods; (2) the safety, maintenance, cleanliness, operation and appearance of the store; (3) The image and appearance of the franchisee and its employees should be unified; (4) Use of all names and signs; (5) Operation time guarantee and operation fund maintenance; (6) the use of signs, trademarks, posters, displays, standard configurations and related products; (7) The use of the franchisee recognized by the franchisor and the owner's certificate under its management; (8) The content and style of the advertisement selected by the franchisee and the recognition of the media; (nine) mark and display the source, type and brand of the goods displayed or sold in the store; (10) Minimum inventory guarantee maintained by franchisees; (1 1) Development of gifts, coupons or local promotional activities licensed by the franchisor; 4. Supervise the franchisee to strictly implement the franchisor's various rules, regulations and policies on "_ _ _ _ _ _" stores and promotion, assume the responsibility of supervision and management of the stores in the area it represents, and be responsible for supervising the operation, decoration, use, management, training and service standards of the stores in the authorized area to meet the requirements of the franchisor. Eight. Personnel training and hiring franchisees shall ensure the initial and subsequent training of franchisees: 1. Before any activity begins, the franchisee and its employees must receive relevant training or guidance from the franchisor, and the franchisee should be familiar with various terms and conditions as well as technical, commercial and management procedures. At the same time, the franchisee has the obligation to teach the above contents and methods to the relevant personnel in the stores within its jurisdiction. 2. During the validity period of this franchise, the franchisee will arrange for its employees and relevant personnel of stores within its jurisdiction to participate. The date and place are decided by the franchisee. 3. If the franchisor decides to change some implementation methods, it must immediately notify the franchisee in writing. Nine. Food hygiene and safety 1. The franchisee has the obligation to supervise that the store it opens or develops conforms to the provisions of this contract, and must apply for the business license, hygiene license and other necessary licenses issued by local government agencies at its own expense after the store is signed. 2. If the franchisee finds any abnormality or doubt in food, semi-finished products, finished products, packaging materials and food preparation equipment, it must immediately stop using it and report to the franchisee. It can be used normally after being confirmed or treated by the franchisor. Otherwise, in case of food safety accidents or disputes, the Franchisee shall bear all losses and legal responsibilities, and the Franchisor reserves the right to pursue the relevant economic losses of the Franchisee. 3. If any food safety accident or dispute occurs in the store within the jurisdiction of the franchisee for any reason, the franchisee must inform the franchisor in time (by telephone or fax) after the incident, and the franchisee must immediately arrange relevant personnel properly, otherwise the franchisor has the right to terminate this contract, and all expenses paid by the franchisee will not be refunded as liquidated damages, and reserve the right to pursue the relevant economic losses of the franchisee. 4. All products must be sold within the warranty period, and franchisees who exceed the warranty period must be destroyed. If the Franchisee sells expired products and causes food safety accidents or disputes, the Franchisor has the right to terminate this contract, and all expenses paid by the Franchisee will not be refunded as liquidated damages. The franchisee will bear all losses and legal responsibilities, and the franchisee reserves the right to pursue the economic losses related to the franchisee. X. Management fees and other expenses: 65,438+0. The franchisee must sign a franchise contract with the franchisor before opening the store, and the franchisor will charge RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If a direct store is opened for the franchisee, the franchisee shall pay the franchise fee of RMB yuan to the franchisee for each direct store. The above royalties (i.e. RMB _ _ _ _ _ _ _ _ _) must be paid by the franchisee in the form of transfer or cash: bank: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Bank account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. 3. Franchisee shall not ask for refund of the above fees for any reason. 4. According to the needs of the market and development, the franchisor has the right to adjust and collect the store joining fee, performance bond, management fee, trademark use fee and advertising promotion fee. XI。 Rights and obligations of the franchisor 1. The franchisor is the holder of the name and trademark, so it is qualified to grant the franchisee the right to use it. Franchisee's use of these rights shall not prejudice the rights of any third party in the area specified in this contract. 2. The Franchisor agrees to provide the following services to the Franchisee before the start of any franchise: (1) Provide the Franchisee with instructions including site decoration and product display standards; List of preparations required for business development; Within the scope permitted by the Franchisor, provide the Franchisor with demonstration decoration clauses and reorganization suggestions; Put forward suggestions for the franchisee to carry out any advertising activities of franchising. (2) Provide franchisees with high-quality product solutions and be responsible for product quality. In the process of sales and storage, if the product quality responsibility is caused by the franchisee, it shall be borne by the franchisee. Twelve. Rights and obligations of franchisees 1. The Franchisor grants the Franchisee the right to use the name and trademark specified in this contract. 2. The Franchisee shall further develop its proprietary technology obtained from the Franchisor according to the provisions of this contract. 3. Franchisee and its employees shall attend the necessary initial training courses organized according to this contract. 4. The franchisee shall provide all suggestions that can be improved and his experience gained in franchise activities to the franchisor. 5. The Franchisee shall not supply the goods to the third party of the Franchisor outside the area approved by the Franchisor, otherwise the Franchisor has the right to terminate this contract and cancel the agency qualification of the Franchisee, and all the fees paid by the Franchisee will not be refunded, and the Franchisor has the right to re-select the agency in this area. 6. All paper cups, plastic bags, work clothes and other items used in the "_ _ _ _ _ _ _ _" store. All stores must be equipped with supplies and equipment must be purchased from franchisees. Otherwise, the Franchisor has the right to unilaterally terminate this contract, cancel the agency qualification of the Franchisee, and the performance bond and franchise fee paid by the Franchisee will not be refunded, and the Franchisor has the right to re-select the agency in this area. 7. The Franchisee has the obligation to supervise all "_ _ _ _ _ _ _ _ _ _" shops in the agency area not to sell all other products except those specified by the Franchisor, to prepare products according to the formula provided by the Franchisor, and to purchase raw materials from the Franchisor or the manufacturer designated by the Franchisor in writing. The franchisee shall promptly notify and correct the violations of the franchise store or put forward handling opinions to the franchisor. 8. The franchisee shall immediately notify the franchisor of any infringement or abuse of the franchisor's trademark, trade name or other abbreviations and any infringement or unfair competition. 9. The franchisee shall provide necessary assistance to the franchisor in legal proceedings in order to obtain a satisfactory result in the litigation. After prior written notice, if the franchisee is legally capable of doing so, it should enter any useful legal procedures so that the franchiser's rights can be confirmed. Thirteen. After the expiration of the contract, the franchisee has the priority to renew the contract under the same conditions, provided that the following conditions are met: 1. The obligations of this contract have been well fulfilled, and no major breach of contract has occurred. All the money payable has been paid to the franchisor. 3. Submit a written application for renewal _ _ months in advance. 4. If the franchisee does not renew the contract after the expiration of this contract or gives up the performance of this agreement within the term of this contract, it shall notify Party A in writing _ _ months before the expiration of this contract. And the franchisee shall hand over all relevant materials of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. If the Franchisee does not indicate whether to continue to perform this contract, the Franchisor has the right to regard the Franchisee as giving up the priority to renew the contract, and the Franchisor has the right to choose another party to replace the Franchisee as the agent in this area. The Franchisee must, within one month after receiving the notice from the Franchisor, To transfer all "_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _" franchisees, all "_ _ _ _ _ _ _ _ _ _ _ _ _" franchisees in the original agency area must be handed over to another one authorized by the franchisor within one month before the expiration. Fourteen Settlement of Disputes All disputes arising from or related to this Agreement shall be settled through friendly negotiation between Party A and Party B. If negotiation fails, they shall be under the jurisdiction of the people's court of _ _ _ _. Fifteen. Other 1. After both parties reach an agreement through consultation, this agreement can be modified or supplemented with matters not covered; If there is any conflict between the supplementary and modified contents and this Agreement, the supplementary and modified contents shall prevail. 2. If there is no agreement in this agreement and both parties fail to reach a supplementary agreement, the provisions of national laws shall prevail. 3. This Agreement is made in duplicate, with each party holding one copy. 4. This agreement shall come into effect after being signed by both parties. Party A (signature): the signatory of this contract: date of signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _