In a society where people pay more and more attention to the law, the frequency of using contracts is on the rise, and contracts can urge both parties to exercise their rights correctly and strictly perform their obligations. So what are the common contracts? The following are four catering contracts I have compiled for you. Welcome everyone to refer to it, I hope I can help you.
Catering Industry Contract 1 Party A:
Party B:
In order to combine the advantages of both parties, * * * is committed to building catering business. Based on the principles of equality, mutual benefit, * * development and complementary advantages, Party A and Party B reached an agreement on cooperation intention through friendly negotiation and became partners. The following agreement is reached on specific cooperation matters and rights and obligations of both parties:
Article 1 Purpose of cooperation: * * Create catering business together.
Article 2 cooperative projects: fund-raising, establishment, operation and management of restaurants;
Article 3 Term of cooperation: from year to year,
Article 4 Ways of cooperation
Party A contributed 10,000 yuan. Party B contributes RMB 10,000.00 Yuan.
2. The contributions made by both parties shall be paid in full within 10 days before the establishment of the restaurant. If one party fails to pay in full within the time limit, it will not enjoy the rights of a restaurant partner and cannot participate in the profit distribution of the restaurant.
3. During the partnership period, both parties' capital contributions are owned by * * *, and it is not allowed to ask for division at will. After the termination of the partnership, the contributions made by both parties will still be owned by the individual and will be returned at that time.
Article 5 Rights and obligations of Party A and Party B
(I) Rights and obligations of Party A
1. All decisions made during the partnership period shall be decided by both parties through consultation. Party A is the person in charge of the partnership. Its rights and obligations are:
① Conduct business in the name of partnership and sign contracts;
(2) the daily management of the partnership enterprise;
(3) After the establishment of the restaurant, enjoy the salary of 20xx yuan/month;
(4) Paying off the partnership debts;
(II) Rights and obligations of Party B:
(1) Participate in management;
(2) After the establishment of the restaurant, enjoy the salary of 20xx yuan/month;
(3) Responsible for accounting duties.
Article 6 surplus distribution and debt commitment during the partnership period
1, surplus distribution, in proportion to the amount of capital contribution. The profit is the surplus of the restaurant's total income MINUS the total expenditure, and the depreciation period of the product cannot exceed three years.
2. Debt commitment: the partnership debt shall be repaid in priority by the partnership property. If the partnership property is insufficient to pay off, it shall be borne in proportion to the capital contribution of both parties.
Article 7: Transfer of funds during admission, withdrawal and partnership.
1. occupation:
(1) Need to acknowledge this contract;
(2) By mutual consent;
(3) to implement the rights and obligations stipulated in the contract.
2. Quit:
(1) You can't quit in the first year.
(2) Do not quit when the partnership is unfavorable;
(3) If you quit the partnership, you must notify the other party one month in advance and get the consent; (4) After withdrawing from the partnership, the settlement shall be made according to the property status at the time of withdrawing from the partnership. No matter how the capital contribution is made, it shall be settled in currency.
3. Transfer of capital contribution: During the existence of the partnership, its capital contribution in the partnership may be transferred to the other party or a third party within the limit of the original capital contribution.
Article 8 Termination of Partnership and Matters
The partnership is terminated for one of the following reasons:
(1) The term of the partnership expires;
② Both parties agree to terminate the partnership; (3) The partnership enterprise has been established or cannot be established; (4) The partnership enterprise is revoked in violation of laws. The court decided to dissolve according to the request of the parties.
2. Matters after the termination of the partnership:
(1) immediately recommend liquidators and invite intermediaries (or notaries) to participate in liquidation;
(2) If there is surplus after liquidation, it shall be carried out in the order of collecting creditor's rights, paying off debts, returning capital contribution and distributing surplus property in proportion. Fixed assets and inseparable items can be sold to a party or a third party at a fixed price, and the price participates in the distribution;
(3) In case of losses after liquidation, no matter how much the partners have contributed, the partnership property shall be used to pay off first, and the part of the partnership property that is insufficient to pay off shall be borne by the partners in proportion to their contributions.
Article 9 Any dispute between Party A and Party B shall be settled through consultation on the principle of "being conducive to the development of the catering industry". If negotiation fails, either party may bring a lawsuit to Dunhuang People's Court.
Article 10 If there are any matters not covered in this contract, Party A and Party B shall supplement or modify it through consultation. The supplementary and revised contents have the same effect as this contract.
Article 11 This contract is made in duplicate, one for Party A and Party B respectively, with the same legal effect. This contract shall come into effect as of the date when both parties sign it and report it to the administrative department for industry and commerce for approval.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Chapter II, Chapter I General Terms and Conditions of Catering Industry Contract
Article 1: According to the Company Law of People's Republic of China (PRC) and other laws and regulations of China, the investors follow the principle of voluntariness and consensus, and jointly establish a catering company with independent legal personality.
Chapter II Basic Information of the Company
Article 2: Chinese name of the franchise store: _ _ _ _ _ (hereinafter referred to as the company)
Chinese address of the company: Tel: Postal code:
Article 3: The company is a limited liability company, and the company is liable for its debts with all its assets.
Article 4: Business scope of the company: manufacturing and selling western food, Chinese fast food and hot and cold drinks.
Article 5: The operating period of the company is _ _ _ _ years, counting from the date of approval and registration of the company.
Chapter III Investment Capital and Investors
Article 6: The capital contribution of the Company is RMB _ _ _ _ _ _ _ _ _ _ _.
Party A: _ _ _ _ _ _ Catering Management Co., Ltd., domicile: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Chapter IV Rights and Obligations of Investors
Article 7 Investors shall enjoy the following rights:
(1) Attending the shareholders' meeting and exercising voting rights in proportion to the capital contribution;
(2) Electing and being elected as directors and supervisors;
(3) Consult the minutes of the shareholders' meeting and the company's financial and accounting reports;
(4) Distributing dividends according to the proportion of capital contribution;
(5) Divide the assets that can be distributed to investors after liquidation in proportion;
(six) according to the provisions of the articles of association of the transfer of capital contribution;
(seven) other rights stipulated by laws and regulations.
Article 8 Obligations of investors:
(a) to recognize and abide by the articles of association;
(2) Pay the subscribed capital contribution in full and on time;
(3) After the company is established according to law, it shall not withdraw its capital;
(4) Be responsible for the company to the extent of its capital contribution;
(five) to keep the company's internal business methods and business secrets;
(6) Abide by laws and regulations and company rules and regulations.
Chapter V Funds in Place and Accounting Agreement
Article 9: (1) The first installment of funds is in place: within _ _ _ days after the investment budget is compiled, Party A and Party B shall pay _ _ _ of the total budgeted investment in proportion to the investment and remit it to the designated account of _ _ _ _ _ _ _.
(2) The second-phase funds are in place: within _ _ _ _ days after the first-phase funds of Party A and Party B are in place, or _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 10: All additional investment funds not included in the investment budget before the operation of the store will be included in the total investment funds of the store, supplemented and paid to the account designated by Party A within 7 days before the normal operation of the store.
Chapter VI Organization and Management
Article 11: The highest authority of the company is the shareholders' meeting, which is composed of all investors. In order to better manage the store, on the basis of mutual consultation with Party A, Party A's operators are hired to manage the store.
Article 12: The rights, obligations and rules of procedure of directors and supervisors shall be stipulated in the articles of association.
Chapter VII Company's Financial Accounting System
Article 13 A company shall establish its own financial and accounting systems in accordance with laws, administrative regulations and the provisions of the competent financial department of the State Council.
Article 14: The Company shall prepare financial and accounting reports every month, which shall be examined and verified according to law, and distribute profits to all the contributing shareholders in the second or third month. Financial and accounting reports shall include financial and accounting statements and schedules:
(1) Balance sheet;
(2) Income statement;
(3) Statement of financial position (if there is any change).
Article 15: Party A shall calculate its operating results every month, and charge the investor a certain operating management fee according to the specific operating results, and reward the operating results. The calculation and payment methods are as follows:
(1) _ _ _% of Party A's monthly net profit shall be regarded as Party A's operation and management expenses;
(2) When the net profit of the store exceeds RMB _ _ _ _ _ (inclusive), Party A shall, in addition to collecting _ _% of the current month's profit for operation and management, reward Party A with _ _ _% of the excess profit;
(3) Operating expenses are included in the operating costs of the current month.
Article 16: During the operation period, if there is any profit or loss, it shall be shared in proportion to the capital contribution.
Chapter VIII Others
Article 17: Major matters such as financial accounting, profit distribution, change of investors, merger, division, dissolution and liquidation of the company shall be stipulated separately in the articles of association.
Article 18: Contributing shareholders can enjoy a 30% discount on the original price when they come to our store, and the store manager and the short-term supervisor of Party A can enjoy free accommodation in our store.
Article 19: This Agreement shall come into effect after being signed by all investors, and each investor shall hold one copy, which has the same legal effect.
Party A:
Legal representative:
Entrusted agent:
Signature: Date:
Party B:
Legal representative:
Entrusted agent:
Signature: Date:
Signature: Date:
The third contract of catering industry contract:
Party A (Lessor):
Garden project)
Contact telephone number:
Party B (lessee):
ID number of legal representative:
ID number of entrusted agent:
Contact telephone number:
According to the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, Party A and Party B have reached the following agreement on the lease of the store on the basis of equality and voluntariness:
Article 1: Party A rents out the * * * (room) located directly opposite Shi Jia Jinbi dongxiang county Railway Station, a store in Building No.1, to Party B for business use. The construction area of the shop is square meters (the shop is a rough house, and the actual area is subject to the measurement of the property right department of the Housing Authority, in which more refunds are made and less supplements are made).
Article 2. The lease term of this store is * * months, from * * to * * months, including "rent-free" months, and Party B has no right to terminate this contract in advance.
Article 3. Main business requirements of our store: Party B shall not change the business scope without the written consent of Party A..
Article 4. Rent and lease deposit
1. In order to support Party B's operation, Party A gives Party B a 24-month rent-free concession. The monthly rent standard is that after the lease expires, if Party B renews the lease, the rent collection standard will be re-determined according to the current market situation. At the same time, Party B shall pay Party A the rent payable and the lease deposit for the first quarter of the lease year at the same time or before signing this lease contract.
2. The rent shall be paid quarterly, paid first and then used. Party B shall pay the quarterly rent of RMB one hundred and ten Yuan only (￥) when signing this contract. The rent can be paid in cash or by transfer.
3. When signing this contract, Party B shall pay Party A a one-year lease deposit of RMB (in words) ten thousand one hundred yuan. Upon the expiration of the lease, if Party B does not renew the contract and there is no breach of contract, Party A will return the deposit to Party B within 15 days (the deposit paid by Party B does not bear interest).
Article 5. Consistent behavior
1. When decorating the store, Party B shall strictly abide by the relevant regulations of the store decoration, accept the supervision of the relevant management departments of the store decoration in dongxiang county, accept the supervision and management of the store decoration by Party A, and carry out the decoration after obtaining the decoration permit, paying the compensation for the advance payment for the decoration and clearing the freight for the surplus soil. Party B shall not change the store structure and fixed water, electricity and communication facilities in the store without authorization. If the shops and ancillary facilities are damaged due to Party B's reasons, Party B shall be responsible for maintenance or compensation.
2. Party B's decoration did not violate the regulations on the management of market decoration and house decoration projects, and the decoration deposit will be returned 1 month after Party B's decoration is completed and Party A's acceptance is qualified.
3. Party B shall not stack the goods against the inner wall of the store. If there is an accident due to wall squeezing, Party B must bear all the responsibilities.
4. Party B shall take good care of and reasonably use the shops and ancillary facilities, and be responsible for the maintenance of water, electricity and communication facilities in the shops. If the shops and ancillary facilities are damaged due to Party B's improper use or negligence, Party B shall be responsible for maintenance or compensation.
5. If Party B fails to renew the lease upon expiration, the decorative part attached to the leased house cannot be removed in principle. If Party B insists on dismantling, the store must be restored to its original state, otherwise, Party A has the right to deduct the corresponding advance payment; If the advance payment is not enough to make up for Party A's losses, Party B shall also be liable for compensation.
6. Party B accepts paid services such as business management and property management of Party A, and pays corresponding fees.
7. If Party B sublets during the lease period, Party B will still pay all the rent, and Party A will not have business dealings with other parties.
8. Without Party A's permission, Party B shall not set up, write or post advertisements or posters outside the store or buildings outside the store without authorization.
Article 6. During the lease period, water and electricity are measured by households and priced by commercial water and electricity. Party B shall pay the monthly water and electricity fee to Party A or the competent department on the 5th of each month.
Article 7. If Party B needs to install telephone, cable TV and broadband Internet access, it can directly apply to Party A, and Party A is responsible for assisting in the opening, and the opening fee and usage fee arising therefrom shall be borne by Party B. ..
Article 8. When the lease of this store expires, under the same conditions, Party B has the priority to renew the lease. If Party B needs to renew the lease, it shall notify Party A in writing 90 days before the expiration of the lease period, obtain Party A's consent, and sign the renewal contract according to the new lease conditions.
Article 9. Determination of breach of contract and liability for breach of contract
(1) In any of the following circumstances, Party A shall be deemed to be in breach of contract, and shall bear corresponding liabilities for breach of contract:
1. If the store is recovered unilaterally in violation of this contract, Party B shall compensate all relevant losses.
2. If the store cannot be used due to engineering quality problems, and Party A fails to repair the defects in time, which affects Party B's normal use, Party A shall bear the store rent during Party B's suspension.
3. In case of force majeure factors (natural disasters, earthquakes) that make the store unusable, Party A will not bear relevant responsibilities.
(II) Party B shall be deemed to be in breach of contract in any of the following circumstances, and shall bear corresponding liabilities for breach of contract:
1. Under the condition that Party A has not breached the contract within the validity period, Party B unilaterally requests to terminate the contract;
2. Failing to pay the rent and related expenses or failing to pay at the agreed time;
3. Changing the store structure, use, business scope and illegal decoration without the consent of Party A;
4, illegal business or other illegal activities in the store, investigated and dealt with by the relevant departments;
5. Mortgaging the store without the written consent of Party A;
6. Close the store for half a month without reason;
7. Basic requirements of decoration standards: sticking the floor, scraping porcelain on the wall, ceiling at the top and door shop.
8. Party B must enter the renovation stage from the date of signing the lease contract, and guarantee to complete the renovation and start business within 3 months.
9. Party B must ensure normal business and attendance of students. (In the case of the above-mentioned 1 from Monday to Friday, Party A has the right to require Party B to continue to perform the contract, and Party B shall also bear the liquidated damages equivalent to the contract deposit; In the case of Paragraph 2 above, in addition to the late payment fee, Party B shall pay Party A a daily late payment fee of 65,438+0%. If Party B fails to pay the relevant fees and liquidated damages in full within 15 days, Party A has the right to stop the water and electricity supply of the store. If the payment cannot be made in full within 30 days, Party A has the right to require Party B to pay all the rent for the remaining term of this contract in one lump sum, and confiscate the deposit. In case of the above-mentioned Articles 3, 4, 5, 6, 7 and 8, Party A has the right to terminate this contract, and the deposit will not be refunded, and Party B will bear all losses of Party A.. ..
9. If Party B is unable to apply for a business license due to Party A's failure to provide the store real estate license, Party A shall bear all the losses of Party B..
Article 10 This contract shall come into force as of the date of signature (seal) by both parties. This contract is made in triplicate, with the same legal effect. Party A holds two copies and Party B holds one copy. It will take effect as of the date of signature by both parties.
Party A:
Party B:
Address:
I/ legal representative:
Contact telephone number:
ID card/business license registration number:
Date, year and month
Date, year and month
The fourth contract of the catering industry: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (administration of enterprises, institutions, organizations and other units), referred to as Party A for short.
Party B: _ _ _ _ _ _ _ _ _ (contract employee) is referred to as Party B for short.
According to the Labor Law of People's Republic of China (PRC) and relevant labor policies and regulations, Party A and Party B sign this agreement on the basis of equality, voluntariness and consensus.
Article 1 Term of Agreement
This agreement shall be valid for _ _ _ months, and shall come into effect on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 2: Work Contents
1. Party A selects Party B through recruitment and Party B voluntarily works for Party A..
2. Party B is responsible for the safety, fire prevention and hygiene of the dining room and kitchen, and outsiders are not allowed to enter or leave the kitchen at will, otherwise, Party A has the right to impose economic penalties on Party B once found.
3. Party B is responsible for the safety and hygiene of the kitchen food, and no other incidents such as food poisoning may occur.
Party B shall be responsible. The health and epidemic prevention department will carry out inspection. If it does not meet the requirements of the health and epidemic prevention department, Party B will correct it as required and bear all losses caused thereby. (except hardware facilities)
4. Party B should be conscientious in his work and constantly introduce new dishes and dishes to meet the needs of different customers.
5. Party B strives to improve its own quality, care for equipment, save energy and avoid waste. It is necessary to make scientific organization and reasonable technology, and make high-quality dishes with good quality, low price, reasonable collocation, rich nutrition and good color, flavor and taste.
Article 3: Labor Discipline
1. Party A shall formulate specific rules and regulations of the hotel according to the Labor Law and relevant regulations.
2. Party B shall abide by national laws and regulations and various rules and regulations formulated by Party A according to law; Strictly abide by labor safety and health, operating rules and work norms; Take care of Party A's property and abide by professional ethics; Obey the management and education of Party A. ..
3. If Party B violates labor discipline, Party A may give disciplinary and economic sanctions according to national laws, regulations and relevant rules and regulations of the hotel until the labor agreement is dissolved.
Article 4: Labor remuneration
1. The monthly salary of Party B is RMB/month.
2. Party B's monthly salary shall be paid by Party A on _ _ of the following month. If the wage payment date falls on a Sunday or a holiday, Party A may advance or postpone the payment by one or more days. If Party A fails to pay wages for half a month, it will be deemed as a breach of contract.
3. During Party B's work in Party A, Party A is responsible for providing Party B's employees with meals and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. Party B shall enjoy _ _ _ _ _ _ _ _ welfare during the working period. If Party B takes a vacation during work, Party A will not pay the salary during the vacation.
Article 5: Labor Discipline
1. If Party B terminates the agreement, it must submit a written application to Party A half a month in advance, and the termination formalities can only be handled after Party A agrees.
2. If Party B's breach of contract causes losses to Party A, Party B shall pay losses to Party A in double indemnity.
3. Party B shall consciously safeguard and abide by national laws and regulations and Party A's rules and regulations. If Party B violates Party A's relevant regulations, Party A has the right to give warning, punishment or even dismissal. ..
4. Party A has the right to terminate this agreement due to business shrinkage and notify Party B one month in advance. When the agreement is terminated, Party A shall settle Party B's salary, and Party B shall not compensate the training fee during the agreement period.
Article 6: Others
1. Party A and Party B agree that the Labor Bureau shall be the first hearing organ for all disputes arising from the performance of this Agreement.
2. This agreement is made in duplicate, each party holds one copy, and it will take effect after being signed, with the same legal effect.
Party A (seal): _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Representative (signature): _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.