Ask me: Decoration company franchise contract?

Decoration Company Chain Franchise Agreement

Party A (Headquarters): Decoration Engineering Co., Ltd.

Party B (Franchise):

1. General Principles

1. Based on the principles of equality, voluntariness, mutual benefit and common development, both parties A and B, in order to further expand the market and better develop the decoration engineering business, agree to join Party B after consultation Party A’s matters, reach a consensus and sign this agreement.

2. Franchise form: Party A agrees that Party B will conduct business activities in the form of a branch of Party A, and the name of the branch shall be branch.

3. Registered address of the branch.

4. Business scope of the branch.

II. Franchise fee

1. Party B pays Party A a franchise fee of 10,000 yuan (￥10,000) when signing this agreement. The franchise fee will not be charged when this agreement expires or is terminated.

2. The management fees collected by Party A from Party B are fixed management fees. The management fee is five thousand yuan (￥50,000) per year. The management fee shall be paid within 5 days of signing this agreement; it will be managed in the following year. The fee should be paid before the signing date of the agreement in the previous year. If Party B fails to pay the management fee for 10 days overdue, Party A has the right to unilaterally terminate the agreement and take back the qualifications (including various qualification certification documents) and the right to use the company's name and image.

3. Party B shall pay Party A a credit guarantee deposit of twenty thousand yuan (￥20,000) within 7 days from the date of signing this agreement, which will be refunded after the expiration of the agreement. If Party B commits illegal operations during the operation, Acts that violate laws and disciplines, and do not abide by industry ethics (including irregular operations when signing contracts, causing losses to customers or owners, and failure to compensate for them in a timely manner; Party B loses or takes away money from owners or customers during the period when they are keeping project funds or deposits or deposits) Absconding), or other behaviors that cause reputational damage to the decoration company, the head office has the right to confiscate its credit deposit and all related legal responsibilities shall be borne by Party B; in serious cases, Party A will hand over Party B to the public security after confiscating its credit deposit handled by the judiciary.

3. Party A’s rights and obligations:

1. Party A is responsible for cooperating in the application of Party B’s business license, tax registration certificate, and organization code certificate, and the costs shall be borne by Party B.

2. Party A authorizes Party B to engage in legal business activities in the name of Party A’s branch, and provides the branch with relevant qualification documents and certificates.

3. Party A is responsible for the annual review of necessary qualification certificates, such as qualification certificates and production safety licenses. Party A is responsible for the relevant costs of the annual review; Party B is responsible for its business license, tax registration certificate, organization code The annual review of certificates and other documents shall be borne by Party B.

4. If Party B publishes untrue information, Party A has the right to criticize its main person in charge. If the situation is serious, it can impose a fine. The standard of the fine will be formulated separately. If a legal dispute arises, the responsibility shall be borne by Party B.

5. Party A is obliged to guide the business work of its partner (Party B) and make reasonable suggestions on the unified placement of advertising and personnel training.

IV. Party B’s rights and obligations:

1. Party B serves as the person in charge of the branch and has the right to operate the branch without violating the company’s headquarters’ business policies and agreements. and management rights, Party B can adjust its business activities according to its own situation, and Party B must accept the supervision and guidance of Party A during the operation process;

2. Party B must prepare all the information required for normal operations: such as House rental contract, copy of real estate certificate and other relevant documents.

3. Party B shall not transfer, lend, or lease the business license, tax registration certificate, or organization code certificate; at the same time, Party B shall not lend the qualification certificate and its related certificates to others or use them for other purposes. If there is any violation, Party B must compensate Party A for the relevant losses.

4. Party B must abide by the law, operate legally, and pay attention to Party A’s image and reputation. Party A has the right to conduct spot checks on Party B's operations. If the following phenomena are found, Party A has the right to terminate the agreement:

(1) Party B voluntarily abandons the business midway;

(2) Party B privately transfers the branch to a third party for operation without the permission of the headquarters

(3) During the operation process, Party B violates relevant national and local laws and regulations, resulting in the suspension of operations, revocation of license, or suspension of operations by the relevant management departments. Forcibly closed;

(4) If Party B adopts unfair competition to affect the operations of Party A and other franchisees, Party A will decide whether to terminate the agreement based on the circumstances;

(5) Party B maliciously damages the company's image and reputation.

(6) Except for normal operation and management needs, Party B and its employees shall abide by the confidentiality system established by the headquarters and shall not privately disclose the business secrets of Party A or its site to third parties. Otherwise, Party A will Hold Party B accountable and claim losses through legal channels.

5. Cooperation projects between Party A and Party B

1. If one of the two parties cannot complete the cooperation project alone or the two parties carry out the cooperation project based on customer resources and other reasons, the profits will be divided into cooperation projects at a ratio of 5:5. *** shares the construction and management, *** shares the profits and losses.

2. In order to distinguish the cooperative projects from Party B's independent projects, both parties should further clarify their rights and obligations in necessary written form when carrying out specific project cooperation.

3. Cooperation settlement method: (for example: Party A transfers the project to Party B or Party B transfers the project to Party A) After one party signs the contract and collects the relevant funds, it pays the partner according to the agreed proportion within 3 days.

VI. Term and termination of the agreement

1. This agreement is valid for one year, starting from the day of the month of the year to the day of the month of the year.

2. If Party B terminates this agreement due to poor management resulting in the inability to operate normally, it shall apply in writing to Party A one month in advance, and deliver the owner's and customer's business to Party A and obtain approval from Party A. Party B confirms that Party B must cooperate with Party A in handling the cancellation, transfer or change procedures of the business license and other relevant documents. Party A must return the credit deposit to Party B within seven working days from the completion of the above cancellation, transfer or change procedures. For Party B Party A has the priority to transfer the business premises.

3. When the agreement expires and the agreement is terminated, Party A will return the credit deposit paid by Party B; if the contract needs to be renewed, a separate renewal agreement will be signed. The credit deposit will not be refunded until the re-joining is completed and completed. , Party A returns Party B’s credit deposit.

7. Management regulations on the company’s engineering department:

(1) Party A establishes an engineering department at the headquarters and is equipped with corresponding project managers and construction personnel. Party B can follow Party A’s engineering department The construction subcontracting fee stipulates that Party A's existing construction personnel shall be selected to carry out the construction and settlement of the project undertaken by it;

(2) If Party B contracts its project to other construction contractors, the contractor shall It has legal qualifications and is registered in Party A's engineering department for unified management by Party A. The settlement of its project subcontracting shall be agreed between Party B and the contractor. ;

(3) If the customer refuses to pay for the project, if the reason is due to construction quality, the relevant responsibility will be borne by the project manager responsible for the construction; if the reason is due to design, the relevant responsibility will be borne by Party B.

8. Disclaimer: If this agreement cannot be performed or cannot be fully performed due to unforeseeable and unavoidable factors such as floods, earthquakes, fires, widespread epidemics, changes in laws and government policies, etc., Neither Party A nor Party B shall be liable for breach of contract, and Party A will return the credit deposit paid by Party B.

9. Change of Situation Clause: If during the performance of the contract, the situation when the two parties signed the contract has undergone a major change that makes it impossible to perform the contract or it is meaningless to perform the contract, one party may change the situation based on the legally established reasons. , propose to amend or terminate the contract.

10. Related Matters

1. Party A and Party B are not responsible for each other. If either party is solely responsible for third-party debts, commitments, obligations and responsibilities, Party A and Party B will not guarantee or be responsible for the other party's liability. Obligations, debts or expenses outside the agreement, etc.

2. Under the premise of normal execution of this agreement, Party A and Party B are not responsible for each other's operating results.

3. The franchise method of this agreement allows Party B to adopt the principles of independent accounting and independent operation. However, Party B must have a complete financial system and pay taxes according to regulations. Relevant national laws and regulations must not be violated. If Party B commits tax evasion or other violations of the law, Party B shall bear the legal liability.

4. Since Party B only engages in business activities in the name of Party A’s branch, Party A does not actually participate in its normal business activities. Therefore, Party B shall bear all legal and civil liabilities when the following responsibilities occur:

(1) Party B’s liability for breach of contract due to independent contract disputes with customers;

(2) ) Payment of wages, benefits and other expenses incurred by employees employed by Party B;

(3) Party B purchases materials on credit in the name of the branch;

(4) Party B leases in the name of the branch Expenses incurred for office space, equipment, etc.;

(5) Medical and labor insurance expenses incurred by Party B’s employees due to accidents while performing their duties;

(6) Party B’s Any other expenses and responsibilities incurred during the operation of the franchised branch or that should be borne by law;

(7) If Party B's construction personnel are injured or killed during the construction process, the final responsibility shall be borne by Party B. Party A does not assume any legal and compensation liability.

11. Other Agreements

(1) Party B shall resolve disputes independently and bear the responsibility with its branch and its own assets. According to the franchise form of this agreement, if litigation or arbitration occurs, Party B shall resolve it on its own and bear all related costs.

(2) This agreement may be supplemented or modified after equal negotiation between both parties, in writing and with signature and approval by both parties. The supplementary or modified parts have the same legal effect as this Agreement.

(3) Disputes arising from the performance of the agreement between Party A and Party B should be resolved through negotiation. If negotiation fails, both parties agree to file a lawsuit with the People's Court where Party A is located.

(4) This agreement shall take effect from the date of signature and seal by the legal representatives or authorized representatives of each party. This contract is in two copies with the same validity. Each party shall hold one copy.

Signature and seal of Party A (headquarters): Signature and seal of Party B (franchise):

Representative: Representative:

Telephone: Telephone:

Address: Address:

Signing location: Signing time: