Kindergarten Agreement 1 Employer: _ _ _ _ _ (hereinafter referred to as Party A)
Contractor: _ _ _ _ _ _ (hereinafter referred to as Party B)
In order to improve the quality of running a school, Party A and Party B have reached the following contract agreement through consultation:
I. Principles and purposes of running a school
1. Adhere to the socialist education policy.
2. Deepen the reform of the education system and explore new modes and methods of kindergarten education.
3. Improve the quality of kindergartens, make them become high-quality kindergartens, and reach the first-class kindergartens in the city within one year and the first-class kindergartens in the province within three years;
Second, the content of the contract
1. Contract term: from _ _ _ _ _ _
2. Contract amount: Party B shall pay Party A the contract fee of _ _ _ _ _ _ _ yuan every month, and the contract fee is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Payment time: payment will be made from _ _ _ _ _ _ _ _ _
4. Payment method: monthly transfer through the bank account and quarterly transfer from the _ _ _ _ _ _ year when Party B contracted the kindergarten;
5. risk of mortgage: After the kindergarten is officially contracted, Party B shall provide Party A with Party B's School Production Certificate and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
6. Payment method and time of deposit: Party B shall pay the deposit to Party A in installments within _ _ _ _ _ _ _ _ _ _ _. The down payment of Party B is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Second, the rights and obligations of both parties
1. Rights and obligations of Party A
(1) Party A collects the contract fee on time and has the right to supervise the kindergarten work;
(2) The existing assets of the kindergarten are owned by Party A, and the equipment and facilities added and the garden construction fees collected during the contract period are owned by Party A;
(3) After this contract comes into effect, Party A must timely check all the assets of the kindergarten and hand them over to Party A for use;
(4) During the contract period, the party and government leaders of the kindergarten shall be owned by Party A, and the kindergarten shall work according to law, and Party A shall not interfere.
2. Rights and obligations of Party B
(1) After this contract comes into effect, Party B shall have the right to operate and run the kindergarten independently, and Party A shall not interfere;
(2) During the contract period, Party B is financially independent, and Party A has no right to interfere;
(3) Party B enjoys independent personnel rights, and all teachers and staff in the kindergarten are employed by Party B, and Party A has no right to interfere; If Party B continues to employ the original kindergarten staff, the salary of the original staff shall not be lower than the original standard;
(4) Pay the contract fee on time;
(5) During the contract period, all the assets of the kindergarten shall be exclusively owned by Party B. Before contracting, all the assets of the kindergarten shall be verified, and the depreciation schedule of fixed assets shall be listed according to the actual service life of the existing equipment in the kindergarten (see the attached table for details). If the fixed assets of Party B are scrapped in advance during the contract period, Party B shall compensate according to the actual value of the scrapped equipment, and the equipment assets newly added in the kindergarten during the contract period of Party B shall be owned by Party A;
(6) Party B must run the school according to law;
(7) During the contract period, Party B must ensure the safety of students. In case of infant casualties due to subjective reasons in kindergarten work, Party B shall bear all responsibilities;
5. During the contract period, if the situation changes, this contract can be modified or dissolved with the consent of both parties through consultation.
Liability for breach of contract of intransitive verbs
1. This contract shall come into effect as of the date when the representatives of Party A and Party B sign and seal it. After the contract comes into effect, both parties shall earnestly perform the contract. During the contract period, neither party may terminate the contract without authorization. Any party who terminates the contract without authorization shall bear the liability for breach of contract.
2. During the contract period, if Party A terminates the contract without authorization, Party A must compensate Party B for the economic loss of _ _ _ _ _ _ _ _ _ _.
3. During the contract period, if Party B terminates the contract without authorization, Party B must compensate Party A for the economic losses.
Seven. Matters not covered in this agreement can be clarified by both parties through friendly negotiation and signing a supplementary agreement, which has the same legal effect as this agreement.
Eight, the expiration of the contract, if Party A continues to contract, under the same conditions, Party B has the priority to contract.
Nine. Party A and Party B shall hold two copies of this agreement, which shall take effect immediately after both parties sign and affix their official seals.
Party A (seal) _ _ _ _ _ _ Party B (seal) _ _ _ _ _ _ _
On behalf of (signature) _ _ _ _ _ on behalf of (signature) _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ Signing place: _ _ _ _ _ _
Chapter II of Kindergarten Agreement Party A:
Party B:
Based on the principle of sincere cooperation, mutual benefit and common development, this contract is formulated through consultation.
Article 1: Name and address of kindergarten.
1, name of kindergarten:
2. Address:
Article 2: Years of kindergarten cooperation: _ _ _ _ _ _ _
Term of cooperation: from _ _ _ _
Article 3: Capital contribution and share proportion of shareholders
1._ _ _ came forward to rent _ _ _ _ _ _ kindergarten, and was responsible for coordinating related matters in the village.
2. All kindergarten income must be deposited in the same passbook, with the account name opened by _ _ _ _, the seal and password kept by _ _ _ _ _, and the passbook kept by _ _ _ _ _ _ _. All fees must be signed by the school director to take effect.
3. The capital contribution of each shareholder is as follows:
Existing assets _ _ _ _ _ yuan; Technical management unit _ _ _ _ _ yuan; Party A and Party B continue to pursue _ _ _ _ _ _ _% of the capital, and _ _ _ _ _% is about _ _ _ _ _ _ _ yuan, accounting for _ _ _ _ _ _ _ _ _% of the shares of the kindergarten.
Article 4: Ways of Profit Distribution and Sharing
1, profit distribution and loss sharing of kindergartens are carried out according to the proportion of shares.
2, according to the semester profit conversion and distribution, each semester after-tax profit of _ _ _ _% for distribution; _ _ _ _ _ _% is used for fund accumulation and kindergarten development or welfare improvement.
Article 5: Accounting and account book management
1. Kindergartens shall record, convert and file in accordance with general accounting methods or accounting methods prescribed by law.
2. The accounting statements and account books of each semester should be placed in the kindergarten finance department for shareholders to consult, and each shareholder has the right to know the financial situation of the kindergarten and put forward opinions and suggestions.
Article 6: The shareholders' meeting is the highest authority of the kindergarten and mainly exercises the following rights and responsibilities.
1, have the right to know the status of running the park and put forward reasonable opinions and decisions.
2. To make resolutions on the transfer of property shares by shareholders to others.
3. Make resolutions on the merger, division, change, dissolution and liquidation of kindergartens.
4, examination and approval of the kindergarten's financial budget, decision-making profit, distribution and compensation scheme.
5. The director also serves as the executive director.
Article 7 Shareholders' meetings are divided into regular meetings and temporary meetings.
The regular meeting is held once every semester, and the dean puts forward a work report to decide the major issues for the next semester. The interim meeting shall be convened and presided over by the directors, and shareholders shall be notified 1-5 days before the meeting. Failure to attend the meeting shall be deemed as abstention, and the resolutions of the shareholders' meeting shall be recorded and signed by the shareholders.
Eighth kindergartens implement the principal responsibility system under the leadership of the board of directors.
The chairman is the executive representative of the shareholders' meeting, the highest is the director, and the second is the director. Other non-executive directors do not participate in the education and teaching management of kindergartens.
Article 9: Powers of the Board of Directors
1, formulate, implement and modify the kindergarten development plan.
2, the examination and approval of kindergarten financial budget and final accounts.
3. Decide on major issues of the kindergarten, decide on the internal management organization of the kindergarten, and formulate the basic management system of the kindergarten.
4. To decide on the appointment and removal of directors and financial personnel.
5. To decide the salary and treatment of directors.
Article 10: Powers of the Board of Directors
1. The chairman is the highest authority of all shareholders and the board of directors. If shareholders or members of the board of directors hold different opinions and are deadlocked, the chairman will finally make a decision and others must abide by it. We must adhere to the principles of legality, fairness, rationality and being conducive to the development of kindergartens, fully listen to the opinions of shareholders or directors, and safeguard the interests of all shareholders. The chairman's decision during the intersessional period is valid and cannot be changed at will. If changes are needed, they must be submitted to the shareholders' meeting for discussion and decision.
2. Handle larger affairs and foreign affairs on behalf of the kindergarten.
3, on behalf of the kindergarten to dredge the relationship between the higher authorities.
4. The chairman must be conscientious, loyal to all shareholders, loyal to his duties, honest and upright, and must not shirk his work, take the lead in leading everyone to develop their careers and be a leader.
5. If the non-fixed single expenditure inside and outside the kindergarten is more than _ _ _ _ _ yuan, it can only be implemented with the approval of the chairman, and all payment forms of the finance department can only be reimbursed after being signed by the chairman at the end of each month.
Article 1 1: Compensation for remuneration and expenses of board members and directors.
1, the director's monthly salary is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. Normal overtime is _ _ _ _ yuan per working day, and overtime is generally not subsidized.
3. Going out for meetings and study must be approved by declare in advance before it can be effectively declared.
Article 12: Other matters shall be implemented in accordance with kindergarten rules and regulations.
Article 13 During the cooperation period, shareholders shall not withdraw their shares except in the following circumstances.
1. If a shareholder dies and the successor of the deceased shareholder inherits the shares, the successor may join as a new shareholder; Otherwise, according to avoid processing.
2. Under the premise that the shareholders lose their compensation ability or are forced by the people's court to enforce all their property shares in the kindergarten, which seriously affects the operation of the kindergarten, they shall be treated as withdrawing their shares.
Article 14 The distributable property share of the quitter is the existing property minus all debts, which shall be distributed in proportion to its share, but excluding goodwill or other assets.
Article 15: A shareholder's application must be approved by the shareholders' meeting.
The share of property can be transferred or auctioned at a reserve price not lower than its actual share of property, and other shareholders have the preemptive right. If it is purchased by someone other than the shareholders' meeting, all shareholders must agree and accept this agreement and civil liability.
Article 16: prohibited items
1. Misappropriating kindergarten funds, lending to others or engaging in other profit-making activities, taking advantage of post income and expenditure to extract kickbacks, falsely reporting expenditures, and underreporting income constitute corruption.
2. Kindergartens in the same town shall not be self-employed or contracted to run kindergartens of the same level with others.
3. It is strictly forbidden to use kindergarten assets to provide guarantees for other people's debts, and to use students or parents to sell products on a commission basis without the consent of the chairman.
In violation of the above provisions, the chairman will be fined RMB _ _ _ _ _ _ _.
Article 17: dissolution and liquidation of kindergartens
1. Kindergarten is dissolved due to the following circumstances:
(1) The operating period of the park agreed in this agreement expires.
② Shareholders withdraw or die, and the remaining shareholders are unwilling to continue to run the park.
(3) Failing to open the park due to changes in national policies or other irresistible factors.
④ Dissolve the cooperation with the unanimous consent of all shareholders.
2. After the kindergarten is dissolved, it shall be liquidated in accordance with relevant national laws and regulations.
Article 18: During the cooperation period, if both parties unilaterally propose to terminate the cooperation relationship, they shall compensate the other party for the liquidated damages of RMB.
Article 19: In case of unilateral violation of any clause of this Agreement, the penalty shall be RMB yuan, and compensation shall be made for the losses caused thereby.
Article 20: In case of any dispute arising from the performance of this Agreement and negotiation fails, both parties may apply to the competent department for arbitration. If one party disagrees with the undisputed arbitration, it shall bring a lawsuit to the people's court.
Article 21: For matters not covered in this Agreement, both parties may amend or supplement it through consultation. If there is any conflict between the revised contents and this Agreement, the supplementary and revised contents shall prevail. If there are provisions in the articles of association of the kindergarten, they shall be implemented in accordance with the provisions of the articles of association.
Article 22: This Agreement is made in the form of _ _ _ _ _ _ _ _.
Article 23: This Agreement shall come into force after being signed by both parties.
Article 24: The above agreement has been carefully reviewed by both parties and agreed by both parties.
A:
Address:
Telephone:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
B:
Address:
Telephone:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 3 of the kindergarten agreement: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Through friendly negotiation, Party A and Party B jointly establish "_ _ _ _ _ _ _ _ _ _ _ _" kindergarten, and jointly hold _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Chapter I General Provisions
I. Purpose of cooperation
Based on the principle of reciprocity, mutual trust and mutual benefit, we should give full play to their respective resource advantages to carry out strong alliance, realize a win-win situation of social and economic interests, further enhance their social influence and brands, and jointly explore the market of continuing education and lifelong education.
Second, the scope of cooperation.
The two sides agreed to jointly establish "_ _ _ _ _ _ _ _ _ _ _ _ _" Kindergarten, with the joint publicity, joint enrollment and cooperation of XXXX education projects as the leading factor, to promote other non-academic education and training projects, and to comprehensively develop high-end non-academic training projects, qualification certification training projects and training projects for talents in short supply at home and abroad.
Three. Term of cooperation
This agreement shall come into force as of the date of signature by both parties and shall be valid for x years. Three months before the expiration of the agreement, if both parties agree to continue cooperation, the agreement can be formally renewed.
Fourth, the office location
_ _ _ _ _ Kindergarten is located in university of international business and economics.
Verb (abbreviation for verb) source of funds
Party B is responsible for early publicity and promotion, project preparation, enrollment consultation, teaching materials, teachers' remuneration, teaching and education equipment and facilities and all expenses.
Learning cost of intransitive verbs
Specialist level: RMB ￥XXXX； per person per period (two years);
Undergraduate course: RMB ￥XXXX per person per period (two years) per major.
Learning fees (excluding textbook fees and tutoring materials fees) can be paid in the school year at the time of registration.
Seven. profit distribution
1. Party A shall withdraw XX% of the total tuition fees of students;
2. Party A is responsible for paying management fees to relevant business departments;
3. Party B shall withdraw XX% of the total tuition fees of students.
Chapter II Project Implementation
I. Project implementation
1. This cooperative school-running agreement will come into effect immediately after it is approved by university of international business and economics, and "_ _ _ _ _ _ _ _ _ _ Kindergarten" will be established within 15 days.
2. From August of 20xx (after the formal signing of the cooperation agreement), publicity and promotion were carried out in major domestic media, and activities such as project introduction and project consultation were carried out at the same time. The time was about 1-3 months. The above activities are led by Party B and completed by both parties.
3. After the promotion work is started, enrollment can be started. Party B will be responsible for the specific registration and registration.
4. All teaching work will officially start on 20xx 65438+1 October1day.
Chapter III Obligations of Both Parties
I. Responsibility of Party A
1, responsible for the establishment and examination and approval procedures of relevant projects, and timely conveying the policies of the state and university of international business and economics on continuing education;
2, responsible for project planning, promotion, enrollment consultation, enrollment brochure content and text approval;
3. Be responsible for providing the basic conditions required for running a school (including the license for running a school by social forces, the official fee receipt, the official seal of the center, etc.). ) and provide x offices free of charge;
4, responsible for the development of teaching syllabus, teaching plan, selected teaching materials and counseling materials, and supervise the implementation of the teaching plan;
5. Responsible for collecting students' tuition fees and issuing formal bills;
6. Be responsible for transferring part of the tuition fees that Party B should share to the bank account designated by Party B within the time stipulated in the agreement. In order to ensure the legitimate rights and interests of students, the transfer will be completed in two stages. For the first time, XX% of the tuition fees payable by the students to Party B will be transferred within 20 working days after the students complete the payment. For the second time, XX% of the tuition fees payable by students to Party B shall be paid within 50 working days after the start of the second school year;
7. Be responsible for examining and approving the charging standards for teaching materials and guidance materials, entrusting Party B to collect them, and supervising Party B to complete the work of returning more teaching materials and guidance materials and making up less.
8. Responsible for reviewing students' learning situation, and issuing realistic graduation certificates and other relevant professional qualification certificates after reaching graduation standards.
II. Responsibility of Party B
1, responsible for the investment of school funds and paying all the expenses of the school;
2. Be responsible for providing all qualification documents and project-related materials, so that Party A can smoothly handle the project investigation, project establishment, approval and other related procedures;
3. Responsible for drafting the planning, design, text and content of all publicity and enrollment advertisements;
4. Responsible for renting classrooms, computer rooms and offices with perfect facilities, and providing necessary office equipment and facilities;
5. Be responsible for all specific work of daily teaching management (publicity and promotion, enrollment advertisement, enrollment consultation, enrollment registration, teaching organization, teaching arrangement, textbook mailing, student management, student answering questions, etc.). );
6. Be responsible for issuing official receipts for Party A's share of tuition fees;
7. Accept the entrustment of Party A, be responsible for collecting the above-mentioned fees from students according to the charging standards of teaching materials and counseling materials approved by Party A, complete the work of refunding more and making up less for the fees of teaching materials and counseling materials, and bear relevant responsibilities.
Chapter IV Alteration, Suspension, Termination and Force Majeure of this Agreement
I. Changes to the Agreement
Matters not covered in this agreement or changes in terms shall be subject to a written supplementary agreement reached by both parties through consultation, which shall have the same legal effect as this agreement.
Second, the suspension of the agreement.
1. During the execution of this agreement, if either party has irregular operations and violates this agreement, and it has not been corrected after the other party has made three rectification requests, the other party has the right to propose to terminate this agreement.
2. If either party proposes to terminate this agreement, it shall notify the other party in writing three months in advance and terminate this agreement with the written consent of both parties. However, Party A and Party B shall continue to perform their respective duties and complete the unfinished training.
3. If this agreement is terminated, Party A and Party B shall actively cooperate, properly handle and complete all the aftermath related to training, and shall not infringe upon the legitimate rights and interests of registered students.
Three. Termination of Agreement and Force Majeure
1. This agreement will automatically terminate upon expiration.
2. If either party proposes to renew this agreement, it shall notify the other party in writing three months in advance. With the written consent of both parties, this agreement may be renewed, but the validity period shall not exceed X years.
3. If the performance of this Agreement is affected by political reasons, natural disasters, wars and other unforeseeable factors, and its occurrence and consequences cannot be prevented or avoided, or it cannot be performed according to the predetermined conditions, the party encountering the above force majeure factors shall immediately notify the other party, and shall provide detailed information and valid supporting documents within 30 days. According to the extent of its influence on this Agreement, Party A and Party B shall decide through consultation whether to dissolve this Agreement, or partially exempt this Agreement from responsibilities, or postpone the performance of this Agreement.
4. When this Agreement is terminated due to force majeure, both parties shall not bear economic responsibilities for each other.
5. When this agreement is terminated due to force majeure, both parties shall jointly make proper arrangements for students participating in this project to minimize the loss of students.
Chapter V Liability for Breach of Contract and Dispute Resolution Methods
First, the determination of liability for breach of contract and compensation
1. Any party that fails to perform its responsibilities, obligations and commitments agreed in this agreement according to the specified time, manner and requirements shall be deemed as breach of contract.
2. The breaching party shall be liable for the economic losses caused to the other party due to its failure to achieve the objectives of this agreement or its breach of contract.
3. The breaching party shall be regarded as a unilateral breach of contract because its breach of contract or its own improper behavior infringes on the legitimate rights and interests of students, or the legitimate rights and interests of relevant social parties, or violates national laws and government decrees, and shall bear corresponding legal responsibilities alone.
4. When the breaching party has a dispute with a third party due to its breach of contract or its own misconduct, so that the irresponsible signatory is required to bear joint liability for compensation, the irresponsible signatory has the right to demand the signatory who is responsible for breach of contract or has misconduct to compensate the corresponding losses.
Second, the settlement of disputes.
1. During the performance of this agreement, the contents of the written confirmation letter shall prevail for the important matters that Party A and Party B want to inform each other.
2. In case of any dispute during the execution of this agreement, Party A and Party B shall settle it through consultation.
3. For disputes that cannot be settled through consultation, Party A and Party B agree to choose China International Economic and Trade Arbitration Commission in Beijing and apply the laws of People's Republic of China (PRC) for arbitration.
Chapter VI Others
1. If the students raise questions, complaints or lawsuits, Party A and Party B shall bear their respective responsibilities according to the provisions of this Agreement, and the responsible party shall be responsible for properly solving them.
2. This Agreement shall be established by the signature and seal of the legal representatives or authorized representatives of Party A and Party B (with the power of attorney of legal person), and shall be valid from the date of signature to the expiration of this Agreement.
Three. According to the laws, government decrees and regulations of People's Republic of China (PRC) (China), this agreement will come into force after being signed and approved by university of international business and economics.
4. This agreement is made in quadruplicate, with Party A and Party B holding two copies respectively, which have the same legal effect.
Party A:
Party B: