Party A: XXXX Real Estate Agency Co., Ltd. (Headquarters)
Party B: (person in charge of the franchise store) ID number:
In order to adapt to the increasingly fierce competition in Shanghai's second-hand real estate market, give full play to the advantages of both parties, and achieve the goal of unity, cooperation and win-win development, Party A and Party B agree to join Party A in the form of franchise stores through friendly negotiation and research by the board of directors of the head office. The specific joining matters are formulated as follows:
I. Mode of cooperation
1. Party A is an independent legal person approved by the State Administration for Industry and Commerce and relevant departments. After joining, Party B will set up an independent accounting and self-financing branch based on Party A, which is not an enterprise legal person.
2. Both parties shall register their branches with the industrial and commercial departments. Party B is the person in charge of the branch, the business license is kept by Party B, and the seal is kept by the head office. When Party B uses it, it shall register with Party A for the record.
3. Party B chooses its own business premises, undertakes all operating expenses, and enjoys and controls the operating income of its branches. In order to give full play to the collective strength and maximize the value of each piece of information, in the real estate business, the head office can temporarily mobilize or adjust the personnel in the franchise stores after consultation with the franchise stores, and the head office has the obligation to assist the franchise stores in optimizing the combination of financial resources, manpower and material resources, and cooperate with the formulation of the distribution plan to make it public; Fairness; fair
4. Party A shall provide certain guarantee and support for Party B to join the business according to this agreement. Party B shall pay the initial fee, deposit and management fee to Party A. ..
2. Pay related joining fees
(1) Initial cost
At the same time of signing this agreement, the head office will charge the franchisee a one-time joining fee of RMB.
(2) Integrity performance bond
At the same time of signing this agreement, the head office will collect a performance bond of RMB _ _ _ _ _ _ _ _ _ from the franchise store. If there is no violation, breach of contract or damage to the company's brand image when the contract expires, the deposit will be refunded without interest.
(3) Management fee
The management fee is based on. Party B prepays the management fee of RMB to the head office every day (monthly, quarterly and semi-annually). Party A will issue a receipt after charging.
Three. Rights and obligations of Party A
1. Party A has the right to supervise and check whether Party B's business activities comply with relevant national laws, regulations, policies and legal operations. If Party B violates the above provisions, it shall bear legal and economic responsibilities and losses, and has the right to dissuade and terminate this agreement.
2. In order to build the company's brand, Party A should pay attention to both economic benefits and social benefits in its business activities, and Party B must unconditionally abide by the company's rules and regulations and commercial standard procedures.
3. Party A is responsible for handling the industrial and commercial, taxation, real estate and other registration procedures for Party B, including (assisting in) handling the annual inspection, and all expenses incurred shall be borne by Party B. ..
4. Party A is responsible for the statistics of Party B's monthly operation and financial statements, and Party B actually pays taxes and fees every month, and pays taxes and fees at the rate of 5.5% for the excess (with an invoice of the same amount attached). Party B must keep accounts and truthfully summarize them to Party A before 25th of each month, and Party A is responsible for paying Party B's taxes and fees to the country on time.
5. Party A shall provide Party B with the right to use bank accounts, checks and invoices.
6. Party A shall uniformly print and provide Party B with samples of legal documents such as house inspection list, entrustment registration agreement, sales agreement, lease and sales-related contracts, and manuscripts of relevant laws, regulations and policies. Party A shall make all kinds of exhibition boards of laws, regulations and policies (the expenses shall be borne by Party A).
7. Party A is responsible for training Party B's employees on a regular basis (expenses shall be borne by Party A) and applying for other employees (expenses shall be borne by Party B).
8. Party A has established a website. In order to centralize housing information, form a scale, improve business efficiency and corporate image, and speed up information circulation, branches can enjoy the information published on the website platform for free.
9. Party A shall provide Party B with house information, laws and regulations and other common policies on time and free of charge every day. Party B has the obligation to provide Party B with real estate transfer, loans and other related services when necessary.
Four. Rights and obligations of Party B
1. Party B has the legal right to operate granted by Party A. It can apply for industrial and commercial license registration locally and set up franchise stores or branches. Party A authorizes Party B to franchise, and the head office uniformly handles the qualification certificate (Party B handles the branch qualification by itself), and is responsible for Party B's participation in business training courses sponsored by relevant departments, so that students can obtain qualification certificates and employment certificates.
2. Party B shall operate independently within the business scope registered by the industrial and commercial department, conduct independent accounting and bear all relevant expenses. Party B must operate legally, serve in good faith, pay taxes according to law and obey the unified management of the head office. If you violate the law, you will bear the consequences.
3. Party B shall set up branches to be responsible for all legal procedures, qualification certificates of employees, legal employment and related procedures in the business premises. Party A shall provide assistance and cooperation as much as possible. Party B has the right to allocate personnel to the branch (but must go to Party A for filing) and arrange the distribution of wages and bonuses of the branch.
4. Party B shall be responsible for its own rent, staff salaries, office equipment, decoration expenses, etc. -Organization costs.
5. Party B agrees to unify the signboard, badge, clothing and bronze medal according to Party A's requirements. And in accordance with Party A's regulations, design and equip store signs, in-store posters, etc. Party B must set up Party A's supervision and complaint telephone number in a prominent position in the storefront and accept Party A's supervision and inspection. ..
6. Branches shall not handle real estate agency business in principle. Under special circumstances, before accepting agency business and signing relevant agreements, Party B must report to Party A for approval in advance and submit relevant documents to Party A for filing.
7. If Party B terminates this Agreement for any reason, it needs to apply to Party A one month in advance. Party A shall assist Party B to handle cancellation procedures, hand over business license, tax registration and other related procedures in time, and submit a letter of commitment on creditor's rights and debts after cancellation.
8. When conducting business, Party B shall actively maintain the company image and shall not engage in any activities that damage the company image. If Party B's illegal operation is found, Party A has the right to terminate the contract with Party B and pursue Party B's relevant responsibilities, and the deposit will not be refunded.
Verb (abbreviation of verb) liability for breach of contract
1. During the performance of this agreement, neither party shall terminate the cooperation agreement in bad faith without justifiable reasons. In case of violation of the above terms, either party may pursue the legal responsibility of the breaching party.
2. If Party B fails to pay any fees within the time limit, it shall pay Party A a 0.5 ‰ daily overdue fine; If the delay exceeds 15 days without special reasons, it will be regarded as a serious breach of contract by Party B, and Party A has the right to terminate this joining agreement. The deposit paid will not be refunded.
3. If Party B operates beyond the scope or violates the provisions of this agreement, Party A has the right to terminate this joining agreement immediately after confirmation. Party B shall unconditionally return the branch license and go through the formalities of cancellation of the branch. Party A has the right to investigate all economic losses caused by Party B. ..
4. If Party B's poor management makes the branch unable to continue to operate, it shall notify Party A in writing one month in advance; And transfer the unfinished housing agency business to Party A unconditionally, and shall not deduct fees and ask for profits from it; Both parties * * * handle the cancellation or change registration of the branch.
5. If Party A unilaterally terminates the contract without Party B's responsibility, it shall notify Party B one month in advance and compensate Party B for the deposit paid and other losses caused.
Other agreements of intransitive verbs
1. Matters not covered in the performance of this Agreement shall be settled by both parties through consultation. In case of any dispute, both parties shall try their best to settle it through consultation. If negotiation fails, a lawsuit may be brought to the arbitration commission or people's court where the head office or branch office is located.
2. This agreement shall come into effect after being signed or sealed by both parties. The validity period is from year month day to year month day.
3. This agreement is made in duplicate; Party A and Party B each hold one copy.
4. The annexes to this agreement include:
Party A's business license and its copy; Copy of legal person's ID card;
Copy of Party B's ID card, temporary residence permit (except Shanghai hukou) and branch license;