Fan, restaurant and restaurant cooperation agreement
Partner (Party A): surname, date of birth and address.
ID number:
Partner (Party B): Last name, date of birth and address.
ID number:
Partner (Party C): surname, date of birth and address.
ID number:
Partner (Party D): surname, date of birth and address.
ID number:
Partner (Party E): surname, date of birth and address.
ID number:
Whereas,
Several parties agree to jointly invest in the operation of catering brands. In order to clarify the rights and obligations of all parties, several parties sign the following partnership agreement on the principles of fairness, equality and mutual benefit:
Article 1 The business purpose of catering is:
Article 2 Partnership project, store name and main business address:
Article 3 Term of partnership. From June, XX to October, XX.
Article 4 The amount, mode and duration of capital contribution.
The monetary contribution of the partners is RMB yuan.
The monetary contribution of the partners is RMB yuan.
The monetary contribution of the partners is RMB yuan.
The monetary contribution of the partners is RMB yuan.
The monetary contribution of the partners is RMB yuan.
The contribution of this partnership is RMB * * *. During the partnership, the capital contribution of each partner is * * * property, and it is not allowed to ask for division or recovery at will.
Article 5 surplus distribution and debt commitment.
All partners * * * operate together, * * * work together, * * * take risks, and * * * be responsible for their own profits and losses.
1, surplus distribution: based on the amount of capital contribution, it is distributed according to the proportion of capital contribution.
2. Debt commitment: the debts in the course of operation shall be paid off with the partnership property first, and when the partnership property is insufficient to pay off, the partners shall jointly bear it. After any party repays externally, the other parties shall pay off their shares to the other party in proportion to their capital contribution within 10 days.
Article 6 Access, withdrawal and transfer of capital contributions.
(1).
1. The joining of new partners must be agreed by both partners;
2. Acknowledge and sign this cooperation agreement;
3. Unless otherwise agreed in the occupation agreement, the new partner enjoys the same rights and assumes the same responsibilities as the original partner. The new partner shall be jointly and severally liable for the debts of the partnership before joining the partnership.
(2) Quit the partnership
During the operation of the partnership, the partners may withdraw from the partnership under any of the following circumstances:
1. Reasons for withdrawing from the partnership agreement appear;
2. Withdraw from the partnership with the consent of other partners;
It is difficult for partners to continue to participate in the partnership.
If a partner withdraws from the partnership without authorization and causes losses to the partnership of other partners, it shall compensate for the losses.
After a partner withdraws from the partnership, a number of partners and quitters shall conduct liquidation according to the property status of the partnership at the time of withdrawal.
(3) Transfer of capital contribution.
Allow partners to transfer all or part of their property shares in the partnership to other partners. Without the consent of all the partners, the shares of the partnership enterprise shall not be transferred to anyone other than the partners. If the other partners do not agree to accept the transfer of shares, they shall withdraw from the partnership for settlement.
Article 7 The person in charge of a partnership and the execution of partnership affairs.
Several partners were elected as the heads of the partnership. As the person in charge of the business license.
Select several partners to be responsible for the finance of the partnership store.
Select several partners to be responsible for the operation of the partnership store.
Several partners * * * agree to formulate separate rules of procedure on major issues of the partnership store, which will be signed by several parties.
Article 8 Rights and obligations of partners.
(1) Rights of partners:
1. The management, decision and supervision of partnership affairs, and the business activities of the partnership are decided by the partners * * *;
2. Partners have the right to distribute the benefits of the partnership;
3. Partners shall distribute the benefits of the partnership according to the proportion of capital contribution, and the property accumulated by the partnership shall be owned by the partners.
4. Partners have the right to quit.
(2) Obligations of partners:
1. Maintain the unity of partnership property according to the partnership agreement;
2. Share the debts of the operating losses of the partnership;
3. Be jointly and severally liable for the partnership debts.
Acts prohibited by article 9.
(1) Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of the partnership without permission; If the profits from its operation belong to a partnership, it shall compensate for the losses according to the actual losses.
(two) prohibit partners from participating in the business that competes with the partnership;
(3) Unless otherwise agreed in the partnership agreement or agreed by other partners, partners may not conduct transactions with the partnership.
(4) Partners shall not engage in activities that harm the interests of the partnership.
Article 10 Continued operation of a partnership enterprise.
(1) If one party withdraws from the partnership, the partners of other parties have the right to continue to operate the original business under the original enterprise name.
(2) If a partner is unable to continue to operate due to other objective circumstances, his property may be paid off according to the written authorization or legal choice of the partner, and other partners may continue to operate; With the consent of other partners, they can also accept their designated immediate family members and spouses as new partners to continue their business.
Article 11 Termination and liquidation of partnership enterprises.
(1) The partnership enterprise is dissolved for the following reasons:
1. The partnership term expires;
2. Both partners agree to terminate the partnership;
3. The partnership affairs have been completed or cannot be completed;
4. Being revoked according to law;
5. Other reasons for the dissolution of the partnership as stipulated by laws and administrative regulations.
(2) liquidation of the partnership enterprise:
1. After the partnership is dissolved, it shall be liquidated and notify the creditors.
2. The liquidator shall be a partner of both parties.
3. If there is any surplus after settlement, it shall be distributed according to the investment proportion agreed in this agreement.
4. When the partnership enterprise suffers losses and the property of the partnership enterprise is insufficient to pay off, each partner shall bear unlimited joint and several liabilities. If the amount paid off exceeds its due amount, the partner shall have the right to recover from other partners.
Article 12 Liability for breach of contract.
(1) If the partner fails to make capital contribution in accordance with this agreement, it shall compensate the other partners for the losses suffered as a result.
(2) If a partner transfers his share of property without the consent of other partners, it may be regarded as withdrawal from the partnership, and the transferor shall compensate the other partners for the losses incurred.
(3) If a partner pledges his share of the property in the partnership enterprise without authorization, his behavior is invalid, otherwise it will be treated as withdrawal; If losses are caused to other partners, they shall be liable for compensation.
(4) If a partner seriously violates this Agreement or the partnership store is dissolved due to gross negligence or illegal acts, he shall be liable for compensation to other partners.
Article 13 settlement of contract disputes.
All disputes arising from or related to this agreement shall be settled by the partners through consultation. If negotiation fails, a lawsuit can be brought to the People's Court of Tianxin District, Changsha.
Article 14 Others.
(1) Upon consensus, the partners may modify this agreement or supplement 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) This agreement specifies that the store shall be operated in partnership, a management consulting agreement shall be concluded with the company, and the company shall be entrusted to provide management consulting services, human resource dispatch and financial management, and the trademark license of the company shall be obtained, and relevant expenses shall be paid.
(3) The partnership store as stipulated in this agreement shall bear civil liabilities to individual industrial and commercial households externally, and the responsibilities, rights and obligations of each partner shall be determined internally according to this agreement.
(4) This contract is made in quintuplicate, with each party holding one copy.
(V) This contract shall come into effect after being signed by both parties.
partner
partner
partner
partner
partner
Signature time:
Fan restaurant cooperation agreement
Catering cooperation agreement
Party A: ID number: address
Party B: ID number: address
Based on the principles of fairness, equality and mutual benefit, Party A and Party B have reached the following cooperation agreement:
Article 1 Party A and Party B voluntarily cooperate to operate catering projects. Mode of contribution by Party A: amount: in words (in figures) Payment mode: amount of contribution by Party B: amount: in words (in figures) Payment mode:
Article 2 This partnership enterprise shall establish a partnership enterprise according to law. Enterprise name: main business place: legal representative: ID number:. During the partnership, the property contributed by the partners shall be owned by * * * and shall not be divided at will. When the partnership enterprise is terminated according to law or for legal reasons, the profits and losses of the enterprise shall be borne in proportion to the relevant provisions of this agreement.
Article 3 The management mode of a partnership enterprise is 1. From the date when this agreement comes into effect, all partners entrust Party A to manage and operate the partnership enterprise, and other partners enjoy the rights of partners stipulated by law. 2. Party B is responsible for financial management. When Party A needs funds, it shall inform Party B in advance to make preparations. Party A must keep accounting vouchers for the amount used, and the accounting system is clear. Article 4 The term of validity of this Agreement is tentatively set at ten years, counting from the effective date of signing by both parties, that is, from year to year. Article 5 The profits generated by the execution of partnership affairs by partners shall belong to all partners, and the losses or civil liabilities incurred shall be borne by all partners. The profits and losses of the enterprise shall be shared by both parties, and shall be shared and borne according to the distribution share of 50% of Party A and 50% of Party B ... Article 6 The entry and exit of a partnership in the course of operation shall be implemented in accordance with relevant laws and regulations. Article 7 After the expiration of this Agreement, if neither party requests to terminate this Agreement, it shall be deemed that both parties agree to continue to perform this Agreement, and this Agreement shall remain valid. If the cooperation is not continued, the withdrawing party shall submit a written withdrawal document to the other party three months in advance, and hand over its own information and customer resources about the contract project to the other party. Article 8 Dispute Settlement Any dispute arising from the execution of this contract shall be settled by both parties on the principle of friendly negotiation. If negotiation fails, both parties shall bring a lawsuit to the local people's court according to law. Article 9 Handling of breach of contract 1. If one party violates any terms of this contract, the observant party has the right to terminate the execution of this contract and demand the defaulting party to compensate the losses according to law. 2. If one party's behavior is not conducive to the development of the partnership, or the partnership is dissolved due to gross negligence or violation of national laws and regulations, the observant party has the right to terminate the execution of this contract and demand the defaulting party to compensate the losses according to law. Article 10 Termination of Agreement 1. If one party violates this cooperation agreement, the other party has the right to terminate the cooperation agreement; 2. The cooperation agreement expires; 3. Both parties agree to terminate the agreement; 4. If one partner has legal problems and acts harmful to the enterprise, the other partner has the right to terminate the cooperation agreement.
Article 11 The partnership enterprise terminates its financial liquidation 1. After the termination of the partnership, it shall carry out financial liquidation and notify the creditors; 2. The partnership property shall be returned to the partners after paying the liquidation expenses. Pay off in the following order: wages owed by partners to employees, taxes owed by partnership, and debts of partnership. 3. If there is surplus after settlement, it shall be distributed according to the proportion of capital contribution. Article 12 For matters not covered in this agreement, both parties may sign a supplementary agreement through consultation, and the supplementary agreement agreed by all partners has the same legal effect as this agreement. Article 13 This Agreement is made in duplicate, with each partner holding one copy, which has the same legal effect.
This agreement shall come into force as of the date of signature (or seal) by both parties.
Party A: (signature) Party B: ID number: ID number:
Contract signing place:
Contract signing time:
Date, year and month
Fan Wensan, Restaurant Cooperation Agreement
Red Star Hot Pot Catering Cooperative Operation Agreement
Party A: _ _ Hui, male, ID number, living in Room 50 1, Building 8, Huangyuyuan, Futian District, Shenzhen.
Party B: Lin Zhenxing, male, ID number c278697, living in Room 10/005, Huangyuyuan, Futian District, Shenzhen.
In order to combine the advantages of both parties and devote themselves to the catering industry, Party A and Party B, based on the principles of equality, mutual benefit, common development and complementary advantages, reached an agreement on the cooperation intention through friendly consultation and became partners. The following agreement is reached on specific cooperation matters and rights and obligations of both parties:
Rule number one Joint venture project and scope: * * concurrently run hot pot restaurant and Chinese and western food. Rule number two Term of cooperation: this agreement is signed by both parties and is valid until Article 3? Cooperation mode: Party A and Party B jointly manage the hot pot restaurant. The specific partnership is that Party A contributes 2.3 million yuan, while Party B contributes to the technical management, and both parties enjoy the operating profit. During this period, if Party A has recovered its own capital of 2.3 million yuan and the cash investment in the previous three years at the interest rate of 7% per month, the cooperation mode between the two parties will be based on the assets converted from the cash invested by Party A, and Party B will continue to invest in technical management to maintain the cooperative relationship between the two parties. For Party A's contribution, the repayment form is to pay the interest part of the current month first, and then deduct the repaid interest part from the total investment to calculate the new interest and principal part. Party A's capital contribution includes all the goods in the physical store and the investment needed to run the restaurant. During the partnership, the capital contribution of each partner is * * * property, and it is not allowed to ask for division at will. After the termination of the partnership, the capital contribution of each partner shall still be owned by the individual, and shall be returned upon the termination of the partnership. Article 4? Rights and obligations of Party A and Party B Rights and obligations of Party A ① Party A is the person in charge. Party A shall designate financial personnel to be responsible for the financial work of the restaurant. Party B is responsible for determining the brand, positioning and logo design of the restaurant; (2) conduct business in the name of the restaurant and conclude a contract; (3) If Party B's management and operation have not made the restaurant profitable after the actual operation of the restaurant for three months, Party A has the right to terminate the cooperative relationship with Party B and manage the restaurant by itself. (4) Party A has the right to deduct the profit income of the restaurant from the operating income of the restaurant, so as to recover its invested capital and interest in time. ⑤2 Rights and obligations of Party B: ① Responsible for planning the positioning of the restaurant, designing the restaurant brand and logo(2) Customize the standards and processes for the selection, processing and distribution of restaurant products and materials, separate food processing from the kitchen, and realize the standardization of logistics production; (3) Be responsible for customizing the management standards and post processes, various processes and operations of restaurants at all levels, quantitatively operating restaurants in an orderly manner, and realizing the standardization of restaurant operations; (4) Party B is responsible for making various instructions, work manuals, planning and design schemes, etc. ⑤ Management of partnership enterprises; After the establishment of the entity restaurant, enjoy the salary of 6000 yuan/month; If the restaurant still has no profit or loss after three months of opening, Party B shall return the salary as a supplement to the restaurant's loss. ⑥ Party B is responsible for the operation and management of the store, and applies its years of experience in managing chain restaurants to the operation of partnership restaurants, including but not limited to: being responsible for the research and development and improvement of catering products, and disclosing the obtained product formula to Party A, and Party A enjoys the ownership of the research and development products; Responsible for the positioning and packaging design of chain catering products; Responsible for the location, orientation, exterior design, interior layout, design and decoration of the restaurant, build a sanitary, healthy and warm external image of the restaurant and establish a good dining environment; Responsible for the promotion of restaurants and their products, customize restaurant slogans, plan promotion activities regularly, actively explore the market, and strive to make restaurants and products satisfied and recognized by customers; Responsible for the recruitment, employment, training, attendance and management of restaurant employees, formulate employee work manuals, create harmonious labor relations, and mobilize the enthusiasm and initiative of employees; Faithfully perform their duties; Regularly report the operation of the restaurant and customer feedback of products to Party A, and discuss the development direction and improvement measures of the restaurant with Party A.. ⑦ Without the consent of Party A, Party B shall not conduct business activities in the name of partnership chain restaurants; If its operation gains income, the income shall be owned by the partnership; If losses are caused, Party B shall be liable for compensation according to the actual losses. (8) Party B shall not engage in the business and related catering business that compete with the partnership chain catering during the partnership period, and shall not be the person in charge and management position of the enterprise that competes with the partnership chain catering during the partnership period. 9 During the partnership, Party B shall be loyal to his duties, strictly abide by the professional ethics and code of conduct of the catering industry, and shall not take advantage of his position to seek personal gain for the purpose of illegal possession. Attending If Party B fails to perform its duties according to the above provisions, Party A has the right to terminate this Agreement at any time, and Party B shall refund the consulting fees paid by Party A and compensate the losses caused to Party A. If Party B violates the above provisions, it shall be liable for compensation according to the actual losses of the partnership. If Party B's management and operation have not made the restaurant profitable after the actual operation of the restaurant for three months, it is hoped that Party A has the right to decide to terminate the partnership with Party B, and Party B will quit without any claim to the restaurant, and Party A will manage and operate the restaurant on its own.
Party A: (signature) Party B: ID number: ID number:
Contract signing place:
Contract signing time:
Date, year and month
Tisch
1, many hands make light work, and we are determined by one heart and one mind.