With the passage of time, the legal effect of the contract is increasing day by day, and signing the contract can prompt both parties to promise and perform cooperation in a standardized way. So what is a formal contract? The following are four catering contracts that I have carefully arranged. Welcome to reading. I hope you will like them.
Catering Industry Contract 1 Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signature place: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In order to expand Party A's sales market, promote product sales and improve service level, Party A and Party B, through consultation, sign this contract with the following terms:
Article 1 Rights and obligations
Party A agrees that Party B will establish a franchise store in _ _ _ _ _ _ _ _.
Rights and obligations of both parties:
(1) Rights and obligations of Party A:
1. In order to ensure the unification of the franchise management system, Party A will supervise and inspect Party B's business activities, and correct the deviations and irregularities in the operation within a time limit. If Party A's rights and interests are infringed and its franchise management system is destroyed, it will be suspended for rectification or its franchise qualification will be terminated.
2. In case of major changes in national policies and market situation, Party A has the right to make corresponding adjustments to business policies, market plans, business rules, product structure and product prices.
3. Party A reiterates the regional plan for establishing franchise stores, namely:
(1) County-level cities have _ _ _ _ _ _ _.
(2) There are _ _ _ _ _ _ _ A-level franchisees in general prefecture-level cities.
(3) There are _ _ _ _ _ _ _ A-level franchisees in provincial capital cities.
(4) Cities such as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. Provide Party B with unified store VI design, supply products and corresponding publicity materials.
5. Provide Party B with a unified operation mode and business management process, and provide education and training services.
6. Provide Party B with an e-commerce platform.
(II) Rights and obligations of Party B
1. Carry out business activities in strict accordance with the laws and regulations stipulated by the state and the provisions of _ _ _ _ _ _, and assume all legal and management responsibilities in business activities.
2, in accordance with the provisions of _ _ _ _ _ _ _ to complete the sales target and regional market development plan, the monthly sales shall not be less than _ _ _ _ _ _. In the same area, if the sales performance of the first store fails to meet the standards stipulated in this contract within half a year from the date of signing the contract, the company has the right to establish a second store.
3. Maintain Party A's image, use business reports and publicity materials uniformly produced by Party A. Do not make publicity materials without permission or make false publicity beyond Party A's publicity content. ..
4. Ensure that products are purchased from the company in a unified way and sold at the company's unified price. It is not allowed to charge sales representative fees in disguise under various excuses, and it is not allowed to disrupt the market order by unfair means such as price reduction, credit sale and kickback.
5. Party B must ensure that products other than Party A's products are not sold in the store.
6. Party B must have a fixed business place of not less than _ _ _ _ _ _ square meters and communication facilities such as computers, telephones, fax machines and broadband.
7. If Party B changes its business address in this city, it must submit an application for change to Party A in advance, and Party A can only change it after reviewing and approving it according to the procedures for newly establishing a franchise store. If it is a change in different places, you need to go through the examination and approval procedures again.
8. All products of Party A and corporate logos related to Party A are owned by Party A. Without the written permission of Party A, Party B shall not register Party A's name, any corporate logos and product logos of Party A, or use the logos provided by Party A for any transaction other than this agreement.
9. Party B is obliged to input the performance report online for the sales representative at any time. Before entering the declaration, the sales amount should be remitted to Party A's account to confirm the declaration in time. If the remittance cannot be made in advance under special circumstances, the money must also be remitted to Party A's account within two days after the declaration, otherwise, Party B will be responsible for the consequences caused by the untimely declaration or remittance and the wrong declaration.
10. Party B shall fill in _ _ _ _ _ _ _ at the same time when entering the customs declaration form, and fax it to the business department of the company in time, with clear handwriting and complete contents so as to check it correctly. Every Sunday afternoon _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1 1. If Party B or its subordinate sales representatives do not have the conditions to enter the declaration form and need Party A's assistance, Party B shall pay a service fee of _ _ _ _ _ _ yuan for each entry form, and the payment of this service fee shall not be passed on to the sales representative or the B-level store.
12. Party B shall actively and enthusiastically provide health consultation services and product retail services, establish consumer member files, collect and provide Party A with rehabilitation witness medical records.
Article 2 Franchise income
1. Party B shall draw a service fee of 6% of sales to serve the members.
2. Party B is responsible for distributing the goods and entering the customs declaration form for the B-level franchise stores in its own area.
3. For the goods directly retailed by non-members in the store, Party B will draw 40% of the price difference according to the retail price, and the remaining 60% of the retail price will be made up by the store according to 6%. The retail sales of Party B are not included in the performance.
4. The difference between Party B's service fee and non-member retail price shall be settled once a week.
Article 3 Purchase
1, and the first purchase price of Party B is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. When purchasing goods for the first time, the company will pay the data fee of RMB _ _ _ _ _ _ _ _ _, and the company will issue relevant data.
Article 4 Delivery
1. Party B shall deliver the goods within three days after the payment reaches Party A's account. In case of failure to deliver the goods on schedule under special circumstances, Party B shall be informed in advance.
2. After the goods are delivered, Party A will call Party B to inquire about the receipt.
3. If the delivery amount of Party B exceeds RMB _ _ _ _ _ _ _ _, Party A will deliver it to the place designated by Party B free of charge. If it is lower than the above standard, Party B shall bear the freight and insurance.
Article 5 Inspection
1. After receiving the goods at the local freight station, Party B shall immediately check whether the outer packaging of the products is in good condition. If there is any damage or loss, it shall immediately negotiate with the carrier and contact Party A. ..
2. Party B shall immediately unpack and inspect the goods after receiving them, and count the quantity according to the packing list; If you don't open the box for inspection immediately, and then raise an objection to Party A afterwards, it will not be accepted.
Article 6 Exchange of goods
1. If the product packaging is damaged or the product is lost due to transportation problems, Party B shall submit a written report to Party A within 24 hours after receiving the goods, and the product will be replaced after confirmation by Party A. If it fails, it will not be accepted.
2. When Party B entrusts others to exchange goods with Party A, it shall issue a power of attorney.
3. If consumers find that there are quality problems in the products purchased in the franchise stores, they can inform Party A, and after confirmation, they can exchange them for products with the same price.
4. In the course of operation, franchisees should go through the replacement procedures according to the relevant regulations of the company if they need to adjust the varieties. The outer packaging of products returned to the company shall not be damaged or polluted, and the shelf life must be longer than 12 months. The expenses arising from the transshipment of the goods shall be borne by Party B. ..
Article 7 Return of goods
1. After signing the contract with Party A, Party B is allowed to return the store within three months according to its own wishes. When returning goods, it is required that the packaging is intact and pollution-free, and the shelf life is longer than 12 months, which will not affect the secondary sales. Party B shall be responsible for the expenses arising from the return. When returning goods, the company will first settle the goods distribution according to 1: 1 and 5, and refund the goods according to the payment ratio of 1 and 5: 1, and the data payment will not be refunded.
2. If you have been in business for more than three months, you must fulfill the agreement and contract of _ _ _ _ _ _ _ _ _ years, and you are not allowed to leave the store halfway.
3. When this contract expires in _ _ _ _ _ _ _ _ _ _ _ _
Article 8 Termination of joining qualification
Voluntary termination
1. If Party B cannot continue to operate due to operational difficulties within 3 months from the date of signing the contract, it may apply to Party A in writing for voluntary termination of joining qualification.
This contract will automatically terminate after two years. If Party B intends to continue its business, it has the priority to go through the formalities with Party A again and sign a new cooperation contract.
Involuntary termination
In any of the following circumstances, Party A has the right to terminate Party B's joining qualification:
1. The sales target agreed in the contract cannot be achieved for three consecutive months.
2. Engage in illegal business operations or damage the reputation and interests of Party A. ..
3. Party B seriously violates the terms of the franchise contract or other provisions of Party A. ..
4. In case of irresistible factors and natural disasters, it is impossible to operate.
When the franchise qualification is terminated due to items 1, 2 and 3, Party A will not return the goods.
Article 9 Notifications and Annexes
1. When signing this contract, Party B has been familiar with the contents of _ _ _ _ _ _ _ _ _ _ _.
2. Within three days after the signing of this contract, Party A will issue a franchise authorization to Party B after Party B remits the deposit to Party A's account. ..
3. This contract shall come into effect after being signed together with the Franchise Application Form and the Franchise Authorization Letter, and the validity period is _ _ _ _ _ _ _ _.
4. The above terms are the expression of the true meaning of both parties, and both parties voluntarily sign this contract, which is not affected by other factors.
5. This contract is made in duplicate, one for each party, with the same legal effect.
6. Matters not covered in this contract shall be settled by both parties through consultation. If negotiation fails or one party refuses to negotiate, it may bring a lawsuit to the people's court in the place where this contract is signed for a ruling.
Party A (official seal): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (official seal): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Part II of Catering Industry Contract 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:
* * * Do catering business together.
Article 2 Joint venture projects:
Feeding, establishment, operation and management of restaurants;
Article 3 Term of Cooperation
From XX, XX to XX, XX
Article 4 Ways of cooperation
1. Party A contributes X million yuan. Party B contributes X million 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
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. The remaining distribution is based on the capital contribution and distributed in proportion. 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 This contract needs approval; (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
1. 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 Others
1. If there is any dispute between Party A and Party B, it shall be settled through consultation in the principle of benefiting the development of the restaurant. If negotiation fails, either party may bring a lawsuit to Dunhuang People's Court.
2. If there are any matters not covered in this contract, both parties shall supplement or modify it through negotiation. The supplementary and revised contents have the same effect as this contract.
3. This contract is made in duplicate, one for Party A and one for Party B, 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: Party B:
Xxxx，xxxx，xx，xx
Article 3 of the Catering Industry Contract Party A (Owner):
Contact information:
Address:
Party B (service provider):
ID number:
Contact information:
In accordance with the relevant provisions of the Contract Law, Party A and Party B have reached the following agreement on Party B's provision of preparatory consultation services for Party A in the name of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _:
Article 1 Contents of consulting services provided by Party B
1. Prepare consulting services before opening, and provide suggestions for the name and logo of the restaurant.
2. Be responsible for formulating the management system, service process and various rules and regulations of the restaurant.
3. Be responsible for providing a set of sample financial statements and providing suggestions for the financial and tax management of restaurants.
4. Provide the teaching of kitchen core technology (including the preparation of soup and the method of making kitchen dishes), the making scheme and design of menus and menu contents.
5. Provide consulting services and opinions for the renovation of restaurants, and put forward design schemes for the setting of various functional areas.
6. Provide opinions and suggestions for the purchase of kitchen equipment in this restaurant.
7. Be responsible for the sample selection of employee tooling, and assist Party A in employee recruitment and pre-job training.
8. Be responsible for formulating business plans and manuals for Party A, and determining posts and responsibilities.
9. Provide the purchasing channels of raw materials for Party A to choose.
10, consulting service within one year after opening:
Within one year after the opening of the restaurant, Party B shall be responsible for providing business consulting services. Party B shall inspect the food and beverage outlets from time to time and make suggestions on the problems existing in the operation. The consultation request put forward by Party A shall be solved immediately. Help solve management technical problems and business problems in operation, and provide business method suggestions.
1 1. Provide suggestions on other matters related to the opening of the restaurant.
Article 2 Service fees and payment methods
1. Both parties agree that the consulting service fee before opening is RMB _ _ _ _ _ _.
Party A shall pay Party B RMB _ _ _ _ _ _ within _ _ _ days after the contract comes into effect, and the balance shall be paid within _ _ _ _ _ days after the store opens.
2. The calculation method of consulting service fee within one year after opening is as follows:
_ _ _% of the net profit from the opening date of the store to the following day. The service fee shall be paid to Party B on the next day of opening.
Article 3 Commitments and Guarantees of Party A and Party B
1. Party A guarantees to pay the money on time.
2. Party B promises to provide Party A with high-quality consulting services as soon as possible, and provide solutions and corresponding consulting opinions within 48 hours after receiving Party A's consulting request.
Article 4 Settlement of disputes
In case of any dispute during the performance of this contract, both parties shall settle it through consultation. If negotiation fails, either party may submit it to _ _ _ _ _ _ _ _ _ _ _.
Article 5 The Contract shall come into effect
This contract shall come into effect after being signed by both parties. This contract is signed in the form of _ _ _ _ _ _ _ _ _ _
Party A (signature or seal):
Date of Signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place:
Party B (signature or seal):
Date of Signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place:
Article 4 of the catering industry contract Party A:
Party B:
In order to combine the advantages of both parties, * * * is committed to building a chain catering business. Based on the principles of equality, mutual benefit, * * common development and complementary advantages, Party A and Party B reached an agreement on cooperation intention through friendly consultation and became partners. The following contract is reached on specific cooperation matters and rights and obligations of both parties:
I. Purpose of cooperation
* * * Open a chain catering business together.
II. Cooperation Projects and Scope
Research and development of chain catering products; Financing, establishment, operation, promotion and management of chain restaurants;
Third, the term of cooperation.
This contract comes into effect and is limited to the first two entity restaurants jointly established by both parties.
Fourth, the way of cooperation.
During the product development and chain restaurant financing, Party B shall entrust a consultant to provide Party A with the research and development of restaurant food and the preparation of chain restaurants;
In the partnership, Party A and Party B jointly manage the first and second entity restaurants in the chain restaurant. Party A and Party B shall invest in stages according to the progress of product development and the establishment of chain restaurants. Details are as follows:
1. When setting up the first physical restaurant:
Party A contributes in cash, accounting for 90% of the investment in the physical store.
Party B contributes in cash, accounting for 10% of the investment in the physical store.
The capital contribution of Party B during this period shall be lent to Party B by Party A without interest. When the physical store makes a profit, it will be directly deducted from the profit distribution income of Party B and returned to Party A. ..
2. When opening a second physical restaurant:
Party A contributes in cash, accounting for 90% of the investment in the physical store.
Party B contributes in cash, accounting for 10% of the investment in the physical store.
The capital contribution of each partner shall be paid in full within the day before the establishment of the physical store. If Party B fails to pay in full or within the time limit, it will not enjoy the rights of partner in the second physical store and will not participate in the profit distribution of the physical store.
3. During the partnership, the capital contribution of each partner is * * * property, and it is not allowed to ask for division at will. After the termination of the partnership, each partner's capital contribution will still be owned by the individual and will be returned at that time.
Fifth, the rights and obligations of both parties.
(I) Rights and obligations of Party A
1. During product development and chain restaurant financing:
(1) Pay Party B an R&D fee of 5,000 yuan/month, which includes all expenses incurred in product R&D, including communication fees, travel expenses, materials fees, kitchenware fees, etc. ;
(2) Purchasing raw materials and formulas of related catering core products from a third party, enjoying the ownership of product formulas, and having the right not to disclose them to Party B;
(three) to organize the research and development of catering products and enjoy the ownership of the research and development products;
④ The management right, trademark right and product ownership of the chain restaurant shall be enjoyed by Party A;
⑤ Be responsible for determining the brand, positioning and logo design of chain restaurants, and enjoy the ownership;
2. During the partnership, all decisions shall be made by Party A..
Party A and Party B decide by voting according to the proportion of capital contribution. 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) Organize the research and development of catering products and enjoy the ownership of the research and development products;
(4) After the establishment of the entity restaurant, enjoy the salary of 5,000 yuan/month;
(5) repayment of partnership debts;
(II) Rights and obligations of Party B:
1. During product development and chain restaurant financing:
Responsible for planning the positioning of chain restaurants and designing the brand and logo of chain restaurants.
(2) Be responsible for the development and improvement of catering products, and disclose the obtained product formula to Party A, and Party A shall have the ownership of the developed products;
(3) Responsible for the planning and design of restaurant cooking equipment, and realize the standardization of cooking equipment;
④ Customize the standards and processes of purchasing, processing and distribution of restaurant products and materials, separate food processing from kitchen, and realize the standardization of logistics production;
⑤ Be responsible for customizing the standards and post processes, various processes and operations of restaurant management at all levels, quantitatively operating the restaurant in an orderly manner, and realizing the standardization of restaurant operation; 《 1》《2》《3》
⑥ The ownership and copyright of all kinds of manuals, operation manuals, planning and design schemes and technical achievements submitted by Party B belong to Party A, and shall not infringe upon the legitimate rights and interests of third parties and cause losses to Party A, and shall be liable for compensation;
⑦ If Party B fails to perform the consulting duties according to the above provisions, Party A has the right to terminate the contract at any time, and Party B shall return the consulting fees paid by Party A and compensate the losses caused to Party A.. ..
2. Cooperation period
① Participate in the management of the partnership enterprise; After the establishment of the entity restaurant, enjoy a salary of 5,000 yuan/month;
② Party B shall be responsible for the operation and management of the store, and apply its years of experience in managing chain restaurants to the operation of cooperative restaurants, including but not limited to:
Responsible for the research and development and improvement of catering products, and disclose the obtained product formula to Party A, and Party A enjoys the ownership of the research and development products;
Responsible for the positioning and packaging design of chain catering products;
Responsible for the location, orientation, exterior design, interior layout, design and decoration of the restaurant, build a sanitary, healthy and warm external image of the restaurant and establish a good dining environment;
Responsible for the promotion of restaurants and their products, customize restaurant slogans, plan promotion activities regularly, actively explore the market, and strive to make restaurants and products satisfied and recognized by customers;
Responsible for the recruitment, employment, training, attendance and management of restaurant employees, formulate employee work manuals, create harmonious labor relations, and mobilize the enthusiasm and initiative of employees; Faithfully perform their duties;
Regularly report the operation of the restaurant and customer feedback of products to Party A, and discuss the development direction and improvement measures of the restaurant with Party A..
(3) Without the consent of Party A, Party B is prohibited from conducting business activities in the name of partnership chain restaurants; If its operation gains profits, the profits shall be owned by the partnership; If losses are caused, Party B shall be liable for compensation according to the actual losses.
(4) During the partnership period, Party B shall not engage in business that competes with the partnership chain catering and related catering business, and shall not hold responsible and management positions in enterprises that compete with the partnership chain catering and related catering business during the partnership period.
⑤ During the partnership, Party B shall be loyal to his duties, strictly abide by the professional ethics and code of conduct of the catering industry, and shall not seek personal gain by taking advantage of his position for the purpose of illegal possession.
⑥ From the third-party entity restaurant, Party B does not enjoy the rights of the third party and all subsequent chain restaurants, nor does it undertake all obligations related to it;
⑦ Party B is prohibited from joining other partnerships.
Party B shall not sign a contract with this partnership.
9. During the partnership period, the ownership and copyright of various instructions, operation manuals, planning and design schemes and technical achievements submitted by Party B shall belong to Party A, and shall not infringe upon the legitimate rights and interests of third parties and cause losses to Party A, and shall be liable for compensation;
Attending Party B's violation of the above terms shall be liable for compensation according to the actual losses of the partnership. If Party A still insists on going its own way after being dissuaded by Party A, Party A may decide to remove the name.
Article 6 surplus distribution and debt commitment during the partnership period
1. The remaining distribution is based on the capital contribution and distributed in proportion. The profit of the physical store is the surplus of the total income of the physical store after deducting 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 each partner.
Seventh, joining, quitting and capital transfer during the partnership period.
1. Occupation: ① This contract needs approval; (2) With the consent of all partners; (3) to implement the rights and obligations stipulated in the contract.
2. Quit: ① You can't quit in the first year. If Party B withdraws from the partnership within the first year without Party A's consent, Party B shall double the R&D funds paid by Party A during the R&D financing period, immediately return the loan lent to Party B by Party A when the first entity restaurant was established, bear the losses of the entity restaurant established by Party A and Party B, and return the profits and dividends enjoyed by the established entity restaurant; (2) Do not quit when the partnership is unfavorable; (three) to quit the partnership, it is necessary to notify the other partners _ _ _ _ months in advance and get the consent of all partners; (4) After withdrawing from the partnership, the settlement shall be made according to the property status at the time of withdrawing from the partnership, and the settlement shall be made in currency no matter how the contribution is made;
3. Transfer of capital contribution: During the partnership period, Party B may transfer its capital contribution in the partnership to Party A within the limit of the original capital contribution.
Eight. Termination of the partnership and matters after termination.
1. The partnership is terminated for one of the following reasons: ① the partnership term expires; ② All partners 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 nominate 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 partners or third parties 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.
Ninth, confidentiality clause:
During the validity period of this contract, any valuable commercial or technical information obtained by both parties from the other party outside the partnership or partnership shall be kept strictly confidential, and shall not be disclosed or leaked to a third party without the written consent of the other party, nor shall others be allowed to use it without authorization. Violation of this article will be regarded as a serious breach of contract, and both parties shall bear corresponding liabilities for breach of contract and compensate all economic losses caused thereby.
Tenth, the settlement of disputes
11. In case of any dispute between Party A and Party B, it shall be settled through consultation based on the principle of benefiting the development of chain restaurants. If negotiation fails, either party may bring a lawsuit to Dongguan People's Court.
Article 12 If there are any matters not covered in this contract, Party A and Party B shall * * negotiate to supplement or modify it. The supplementary and revised contents have the same effect as this contract.
Thirteen. The original of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party A: _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _