Precautions for signing a franchise contract for a franchise contract

First, the issue of franchise transfer.

1. Without the consent of the franchisor, the franchisee shall not transfer the franchise right to others.

2. The franchisee shall not disclose or allow others to use the business secrets of the franchisor in its possession.

Second, the duration of the franchise.

Generally not less than 3 years.

Third, the collection of franchise fees.

In addition to the franchise fee, the franchise can also collect a security deposit.

4. Confidentiality.

The franchisor shall agree with the franchisee that the franchisee shall keep the franchisor's trade secrets and the responsibilities of the franchisee when it leaks secrets.

Fifth, the franchisor to provide the franchisee with goods**.

The franchisor supplies the goods to the franchisee**. Except for monopoly goods and goods that must be provided by the franchisor or the franchisor designated by the franchisor in order to ensure the quality of the franchise, the franchisor shall not force the franchisee to accept its goods. However, it is possible to stipulate the quality standards that the goods should meet, or to propose a number of ** merchants for the franchisee to choose.

Sixth, the franchisor designated the best business product quality problems.

For the products provided by the ** merchant designated by the franchisor, the franchisor assumes the responsibility for the quality of the product.

Seventh, the franchisor's training and guidance to the franchisee.

The franchisor shall provide the franchisee with sales, business or technical guidance, training and other services necessary to carry out the franchise.

8. The issue of terminating franchise qualifications.

The franchisor may stipulate in the contract that the franchisee who violates the provisions of the franchise contract, infringes on the legitimate rights and interests of the franchisor, and destroys the franchise system shall terminate its franchise qualification in accordance with the contract.

9. After the termination of the contract, the obligations of the original franchisee.

After the termination of the franchise contract, the original franchisee shall not continue to use the franchisor's registered trademark, trade name or other signs without the consent of the franchisor, shall not apply for registration of the franchisor's registered trademark as a similar class of goods or service trademarks, shall not apply for registration of words identical or similar to the franchisor's registered trademark as a trade name in the enterprise name, and shall not use the same or similar signs as the franchisor's registered trademark, trade name or store decoration in the same or similar goods or services.

There are mainly these risks to be aware of when signing a franchise contract:

1.When signing the contract, the franchisee signs it with the franchisor in the name of a natural person.

This situation is often due to the fact that the franchisee does not have its own enterprise when signing the franchise contract, and often signs a franchise contract with the franchisor in the name of its own natural person, and re-opens a new enterprise after signing the franchise contract. The performance of the business agreed in the franchise contract is carried out by a new enterprise. This will result in the fact that the franchisee who actually signed the franchise contract does not in fact use the franchiser's operating resources, and the party actually engaged in the franchise business does not obtain legal operating resources from the franchisor.

Once there is a dispute over the franchise contract, it is difficult for both parties to the contract, especially the franchisor, to protect their legitimate interests based on the franchise contract.

2.Duration of the contract.

According to Article 13 of the Regulations on the Administration of Commercial Franchises, the franchisor and the franchisee shall enter into a commercial franchise contract for the first time, and the term of the commercial franchise contract shall not be less than 3 years.

3.Text. When there is a dispute between the franchisor and the franchisee, when there is an inconsistency in the interpretation of the standard text, both parties will make an interpretation that is beneficial to their own party, and when the two parties to the contract have different understandings of the terms, they can seek a balance point of interpretation from the perspective of fairness to both parties.

4.The effective date of the contract should be set at the time of signing.

When signing a franchise contract, the franchisor often designs such a clause: "This contract shall take effect after Party B has paid all the franchise fees and deposits". This clause appears to be beneficial to the franchisor and on the surface, but on closer scrutiny it is not.

Such an agreement is very detrimental to the franchisor. After the franchisor and the franchisee sign the franchise contract, they generally have the obligation to select the site, decorate, and so on for the franchisee. Imagine if the franchisor fulfills the above obligations, and the franchisee (franchisee) does not pay the franchise fee, the franchisor cannot defend its rights according to the franchise contract because the contract has not yet taken effect.

When signing a franchise contract, you need to pay attention to:

1. The issue of franchise transfer.

2. The term of the franchise.

3. Confidentiality.

4. Collection of franchise fees.

5. The product quality problems of the first merchant designated by the Xu people.

6. The franchisor provides the franchisee with the goods.

7. Termination of franchise qualifications.

8. The franchisor's training and guidance to the franchisee.

9. After the termination of the contract, the obligations of the original franchisee.

1. What is civil capacity?

Civil capacity refers to the ability to exercise rights and assume obligations in accordance with the law by one's own conduct, so that the legal relationship can occur, change or be extinguished.

There are three types of capacity for natural persons: full capacity for civil conduct, limited capacity for civil conduct, and no capacity for civil conduct.

Legal persons, enterprises and their or other organizations generally have the corresponding civil capacity from the date of their establishment in accordance with the law, and if the industry to which they belong is a franchise, they should also obtain the corresponding franchise license to have the corresponding civil capacity.

2. What are the classifications of administrative licenses?

The classifications of administrative licenses are:

1. General license;

2. Franchising is a management method in which an administrative organ grants certain powers to a licensee on behalf of the state or effectively allocates limited resources;

3. Recognition is the determination of whether the counterpart has certain qualifications and qualifications;

4. Examination and approval; 5. Registration is the determination by the administrative organ of whether an individual or enterprise has the subject qualifications and specific identity of the individual or enterprise with specific capacity for civil rights and conduct.

Administrative licensing refers to the act of an administrative organ allowing a citizen, legal person or other organization to engage in specific rough chain activities upon application and review in accordance with law.

Article 11 of the Regulations on the Administration of Commercial Franchises, Yansun engages in franchise activities, and the franchisor and the franchisee shall enter into a franchise contract in writing.

The franchise contract shall include the following main contents:

A) the franchisor, the franchisee of the basic information;

B) the content and duration of the franchise;

C) the type of franchise fees, the amount and the method of payment;

4) The specific content and methods of providing services such as business guidance, technical support, and business training;

5) The quality, standard requirements and guarantee measures of the products or services;

6) Advertising of products or services;

7) the protection of consumer rights and interests in franchising and the assumption of liability for compensation;

8) the change, rescission and termination of the franchise contract;

9) Liability for breach of contract;

10) the method of dispute resolution;

11) other matters agreed between the franchisor and the franchisee.

When signing a franchise contract, you need to pay attention to:

1. The issue of franchise transfer.

2. The term of the franchise.

3. Confidentiality.

4. Collection of franchise fees.

5. The product quality problems of the first merchant designated by the Xu people.

6. The franchisor provides the franchisee with the goods.

7. The issue of franchise qualifications at the end of the chain.

8. The franchisor's training and guidance to the franchisee.

9. After the termination of the contract, the obligations of the original franchisee.

1. What are the franchise rights.

The concession rights are: oil and natural gas, water resources, fishery resources, mineral resources, animal resources, power projects, highways, railways, ports and other physical resources, as well as intangible resources such as the right to purchase materials and quarrying, the right to name large-scale activities, the franchise right of international exchange business, the right to produce and sell special products, and the right to operate sea, land and air lines.

Second, do the franchise projects or models have registered trademarks?

The franchise projects have registered trademarks. A registered trademark is the basic factor that constitutes a franchise and is the cornerstone of the franchise system. The franchisor carries out franchising without a registered trademark, even if the franchise contract has been signed, the franchisee can still request the termination of the contract and refund compensation at any time on the grounds that the franchisor does not have a registered trademark, and the gains outweigh the losses.

Article 11 of the Regulations of the People's Republic of China on the Administration of Commercial Franchise Business to engage in franchising activities, the franchisor and the franchisee shall enter into a franchise contract in written form.

The franchise contract shall include the following main contents:

A) the franchisor, the franchisee of the basic information;

B) the content and duration of the franchise;

C) the type of franchise fees, the amount and the method of payment;

4) The specific content and methods of providing services such as business guidance, technical support, and business training;

5) The quality, standard requirements and guarantee measures of the products or services;

6) Advertising of products or services;

7) the protection of consumer rights and interests in franchising and the assumption of liability for compensation;

8) the change, rescission and termination of the franchise contract;

9) Liability for breach of contract;

10) the method of dispute resolution;

11) other matters agreed between the franchisor and the franchisee.

Legal Analysis: Attention should be paid to signing a franchise contract:

1. Statutory disclosures.

2. Business district survey and investment benefit analysis.

3. Zen cheats all kinds of pants to pay.

4. The legal basis for the damages in the event of breach of the contract and the liquidated damages at the same time as the termination of Hehe Wang: "Measures for the Administration of Commercial Franchises" Article 11 To engage in franchise activities, the franchisor and the franchisee shall enter into a franchise contract in written form. The franchise contract shall include the following main contents:

A) the franchisor, the franchisee of the basic information;

B) the content and duration of the franchise;

C) the type of franchise fees, the amount and the method of payment;

4) The specific content and methods of providing services such as business guidance, technical support, and business training;

5) The quality, standard requirements and guarantee measures of the products or services;

6) Advertising of products or services;

7) the protection of consumer rights and interests in franchising and the assumption of liability for compensation;

8) the change, rescission and termination of the franchise contract;

9) Liability for breach of contract;

10) the method of dispute resolution;

11) other matters agreed between the franchisor and the franchisee.

The precautions for franchise contracts are that the parties to the contract must have the ability to conclude; The expression of intent to enter into a contract must be true and legal; It must not violate public order and good customs; Yuanwang and the first time to conclude a franchise contract, should be filed with the competent department of commerce within 15 days.

1. Supplementary agreement signed after the divorce.

A supplementary agreement entered into after the divorce is valid. However, the following conditions must be met:

1. The agreement does not violate the law and does not violate public order and good customs;

2. The subject of the agreement has the corresponding civil capacity to conclude the contract;

3. The meaning is true;

4. Other conditions.

Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

2. Whether the gift contract is valid in the civil law.

As long as its content does not violate the mandatory provisions of laws and administrative regulations; One party has not entered into a contract by means of fraud or coercion, which harms the interests of the state; The two parties are not maliciously colluding to harm the interests of the state, the collective or a third party; The parties are not concealing illegal purposes in a lawful form; There is no harm to the public interest; The subject of the contract has the capacity for civil conduct and civil rights; If the contract is true, the contract will be established and legally valid, and will be protected by law. Article 143 of the Civil Code [Conditions for the Validity of Civil Juristic Acts]Civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Hail Void Boy. 3. If the immovable property is not registered, the contract is valid or invalid.

Immovable property is not registered, as long as the contract meets the following conditions:

1.At the time of entering into a contract, both parties have the corresponding capacity for civil conduct;

2.The parties expressed their true intentions when entering into the contract, and there was no fraud, coercion, etc.;

3.The content of the contract does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

Article 143 of the Civil Code.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

(2) The expression of intent is true;

(3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 8 of the Regulations on the Administration of Commercial Franchises.

The franchisor shall, within 15 days from the date of the first conclusion of the franchise contract, file with the competent department of commerce in accordance with the provisions of these Regulations. Engaging in franchise activities within the scope of provinces, autonomous regions and municipalities directly under the Central Government, shall be filed with the competent department of commerce of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government; Engaging in franchise activities across provinces, autonomous regions and municipalities directly under the Central Government shall be filed with the competent department of commerce.

Franchise products or services, according to law shall be approved before operation, the franchisor shall also submit the relevant approval documents.