Party A: Head Office
Party b: franchisee
Through friendly negotiation, both parties agree to sign the following terms:
Article 1: Definitions of related words in this Agreement.
1, "Company's operational technical assets": unified and independent operational technology developed by the headquarters for the operation of milk tea franchise stores. It is the registered trade name, trademark, logo and service logo, profit model, store style and training support of Beijing XX Technology Company.
, store management, commodity display technology, professional education and training procedures and related operations (including technical training, promotional activities and advertising materials) inseparable unified system.
2. "Company trademark" refers to the trademark and service mark of Beijing XX Technology Company, as well as the marks, signs, signboards, labels, samples and all other commercial symbols representing the company.
3. "Corporate image": The franchise stores of XX Student Optometry Center use the technical assets and trademarks of Beijing XX Science and Technology Company as required, so that the unity of the image of XX Student Optometry Center is widely recognized by the public, gaining credibility and unified management.
4. "Company Store" refers to the franchise store of XX Student Optometry Center that uses the operating technical assets and trademarks owned by the headquarters.
5. "Franchise fee": Franchise fee is used to accept the expenses of joining the chain such as technical assets and trademark use rights operated by the head office, and is used to open franchise stores. No matter the expiration, midway termination or other reasons of this agreement, Party A will not return it.
6. "Margin": Margin refers to the guarantee fee for the franchisee to faithfully perform the agreement after the agreement is signed, and the margin does not bear interest. When the agreement expires and terminates, the franchisee has no breach of contract and the head office shall return it in full.
7. "Management service fee": In order to enable franchisees to carry out business activities in strict accordance with the requirements of the headquarters and ensure that consumers can obtain the products and services of the real XX Student Optometry Center, franchisees must pay a certain management service fee to the headquarters every month.
Article 2: Independent parties
1. Both parties to this agreement are independent legal persons, and there is no investment, employment or contractual relationship between them. Franchisees have no right to do anything on behalf of the headquarters. Franchisee employees are neither headquarters employees nor headquarters agents. The headquarters is not responsible for its labor relations and employee behavior.
2. Franchisees are independently responsible for the operation of the company's stores. Under the premise of meeting the conditions for joining, franchisees can make their own judgments and operate independently, but they can consult the headquarters for reference.
Article 3: Granting of Concessions
During the execution of this agreement, the headquarters grants the franchisee the right to use the technical assets, company trademarks and company stores developed and improved by the headquarters.
1. The headquarters promises that during the execution of this agreement, the franchisee can use the company's trademarks, service marks, logos, templates, labels and signboards.
2. Franchisees can only use the company's trademarks and operating technical assets in the scope and manner promised by the headquarters. At the same time, they must operate the company's stores in a unified image based on the company's operational technical assets.
3. The franchisee shall not have any behavior that reduces the company's image, damages the company's trademark and the company's operating technical assets.
4. The franchisee shall not disclose or teach the company's technical assets to a third party, nor shall it copy the company's trademarks and technical assets for the third party in any form, or help the third party to copy them.
Article 4: Selection of Franchise Location
1. The franchise store is located at Party B's place. Which means the address is ...
In principle, Party A shall not have more than () stores here.
2. Franchise stores shall be established by Party B's site selection and investment, and can only be opened after Party A's consent. The storefront and in-store decoration shall be carried out according to the unified decoration method and style provided by Party A, and Party B shall be responsible for the operation and be responsible for its own profits and losses.
3. The tables, chairs and main decoration materials of the exclusive store use the products and styles of the manufacturers designated by Party A, and Party B shall purchase them by itself. The store uses the same brand of testing equipment.
4. Accessory facilities and accessories such as clothing and promotional materials shall be provided by Party A in a unified way, and the fees shall be charged.
5. The headquarters shall not operate another company store by itself or by entrusting a third party in the municipal area where the franchise store is located.
6. According to the geographical conditions and regional commercial structure, the headquarters thinks that setting up another company store in the place where the franchise store is located will not cause competition, or when the headquarters thinks it is necessary to set up another store due to the increase of population and the change of traffic conditions, the headquarters suggests Party B to build more stores. When Party B indicates that it has no intention to build another store, the headquarters can let a third party operate the franchise store in the same area again.
Article 5: Add stores.
1. When a franchise store wants to build a new company store in addition to the one in Paragraph 1 of Article 4, it must sign a franchise chain agreement with the head office for the additional store.
2. If the conditions for building additional stores meet the requirements of economy and talents, and the overall interests of the company chain, the headquarters must agree.
3. Franchisees shall immediately pay the franchise fee, deposit and management fee to the head office after signing the franchise chain agreement.
Article 6: Operational guidance and assistance
1. In order to maintain the operation of the franchise store, the head office must impart necessary knowledge and management technology to the franchise store before opening and during the execution of this agreement.
2. Franchisees must send the manager or main post personnel (those who can take responsibility on their behalf) to participate in the education and training specified by the headquarters before opening, so as to obtain the knowledge and technology necessary for operating the company's stores.
3. Before and after the opening of the franchise store, as the operation period of the store, the headquarters should send the personnel of the development department of the headquarters to the franchise store for opening and business guidance.
4. Franchisees must attend the annual regular general meeting and the operator meeting outside the general meeting. The headquarters informed the date of the meeting three weeks in advance.
5. In addition to the operator meeting, the headquarters will also guide and supervise the franchise stores regularly or irregularly.
6. Franchisees must report this week's operation to the headquarters during the period of receiving the operation guidance from the headquarters (relevant forms are sent separately), and allow the agents and personnel of the headquarters to check all kinds of materials related to the franchisee's commodity inventory and store operation at any time.
7. According to the education plan, the headquarters will train the store managers and employees at any time.
Article 7: Matters related to store development
1, in order to maintain the unity of the company image, join
Store structure, interior and exterior decoration should meet the standards set by the headquarters.
2. In order to maintain the unity of the company's image, the franchisee agrees that the specifications of the store's equipment, devices, appliances and signboards conform to the style specified by the headquarters.
3. The franchisee agrees to use the unified products designated by the headquarters for the necessary packaging materials, bills, handbags, labels and other consumables.
Article 8: Promotion and sales assistance
1. Franchisees must submit a written application to the headquarters in advance, explaining the contents and methods of the activities, and can carry out promotional activities alone or together with other franchisees after obtaining the consent.
2. The headquarters provides franchisees with relevant sales information and various promotional information.
3. If the price suggested by the headquarters is not in line with the actual situation in the region, the franchisee shall inform the headquarters of the situation, and the headquarters shall comprehensively consider the requirements of corporate image unity and the actual situation in the region where the franchisee is located, and put forward the price suggestions in line with the actual situation.
Article 9: Franchise fees, security deposits and management fees
1. Franchisees pay the joining fee to the headquarters at the same time when signing the agreement: the joining fee for third-tier cities is 30,000 yuan/store; The initial fee for second-tier cities is 50,000 yuan/store; First-class city joining fee 100000 yuan/store. This franchise store is in the city (county), and the franchise fee is.
2. The franchise fee is used to accept franchise chain fees such as technical assets and trademark use rights operated by the head office for opening franchise stores. No matter the expiration of this agreement, termination in the middle, other irresistible natural disasters and national policy reasons, the joining fee will not be refunded.
3. After signing the agreement, the franchisee shall pay a deposit of 5,000 yuan to the head office at the same time as signing this agreement; Secondary city 1 10,000 yuan; 20 thousand yuan for a first-class city.
Under the following circumstances, Party A will deduct the deposit.
(1) Failing to change the signboard and interior decoration of the store at will as required by Party A;
(2) No unified pricing;
(3) Not operating according to the products and services specified by the headquarters (products and services shall not be increased or decreased without authorization);
(4) Not using the "Company's operating technical assets" in the franchise stores designated by Party A,
(five) in the franchise stores outside the XX optometry center, selling the relevant information of XX or using the technology provided by XX without permission.
Those who violate the above provisions will be fined 1000 to 5000 yuan as appropriate. Serious cases will be disqualified from joining the team and even be investigated for legal responsibility.
7. In order to enable each franchisee to conduct business activities in strict accordance with the requirements of the headquarters and ensure that consumers can get the real service of franchisees in XX optometry center, franchisees pay the franchise management service fee to the headquarters every month, and the management service fee for each franchisee is 300 yuan/month.
Article 10: product supply
1, product price and supply quantity. The purchase price of Party B shall be the standard quotation provided by Party A to Party B. The unified purchase price of Party B is RMB/pair. The first purchase quantity of Party B is vice, and it shall not be less than vice every time and not less than vice every six months. The annual purchase quantity should not be less than vice.
2. Product ordering. Party B guarantees the accuracy of the content of the order sent to Party A. After Party A receives the order and confirms it with Party B, Party B will pay all the payment to Party A, and Party A will deliver the goods within 3 working days after receiving all the payment.
Article 1 1: product delivery and acceptance
1. After receiving the payment, Party A shall be responsible for timely and reasonable delivery of the products and consign them on its behalf, and the freight shall be borne by Party A. ..
2. If Party B finds that the goods are not in conformity with the order after receiving the goods, it can notify Party A in writing within 3 days after receiving the goods, otherwise it will be deemed that Party B has accepted all the goods.
Article 12: Reward system
Party B promises to complete the annual sales volume within the contract period. Party A will reward Party B with 10 of the total sales.
Article 13: Product Exchange System
In order to reduce Party B's business risk, if Party B is affected by other force majeure factors, Party B may apply to Party A to terminate the contract one month in advance, and Party A promises to implement a return system for Party B. The return methods are as follows:
1. Party B guarantees that the returned products are intact and unused;
2. Party B shall be responsible for sending the returned products to the place designated by Party A (transportation risks and freight shall be borne by Party B);
3. After Party A checks the goods correctly, it will exchange or refund the goods at the original price of 90 (excluding gifts).
Article 14: Term of Agreement
1. Each accession period of this agreement is three years.
That is, from year month day to year month day.
2. If the two parties continue to cooperate after the expiration of this agreement, the franchisee will pay half of the joining fee at that time, and the original deposit will be used as the deposit of the new agreement and will not be refunded.
3. During the franchise period, Party B shall not transfer in principle. If the transfer is required, Party A's written consent must be obtained, otherwise Party B will be punished for breach of contract.
Article 15: Termination of the Agreement
If a franchise store has one of the following behaviors, the headquarters may advise the franchise store in writing to terminate or correct its behavior within the prescribed time limit. If there is no improvement within the prescribed time limit, the headquarters may unilaterally terminate the agreement.
(1) Franchisees did not faithfully implement the unified management policy of the headquarters.
(2) Franchisees sell their business rights without the prior written consent of the headquarters.
(3) Franchise stores disclose business secrets to other companies, or let others use or provide information about the headquarters to others.
(4) Franchise stores have damaged the reputation and credibility of headquarters and company chain stores, and hindered the business of headquarters or other franchise stores.
Article 16: Consultation
If there is any doubt about the matters specified or not specified in this agreement, the two parties concerned shall settle it through frank consultation with a view to developing their business.
If there are contradictions and conflicts that cannot be resolved through consultation, they may bring a lawsuit to the people's court in the other jurisdiction.
The above agreement is made in duplicate, one for each party, and shall come into effect after being signed or sealed by both parties.
Party A: Party B:
Address: Address:
Tel: Tel:
Signatory: Signatory