For restaurant chain franchising, the catering franchisee must have business qualifications

The franchise contract of the restaurant chain enterprise, on the one hand, is manifested in the protection of the interests of the franchisee headquarters, and also reflects the proof of the rights of the franchisee, so this is the need of the franchisee headquarters, and it is also the guarantee of whether the franchisee can really get the benefits. The establishment of the franchise contract, it reflects the development of an enterprise is normal enough, but also reflects the connotation of an enterprise's culture, but also reflects whether an enterprise can have the strength to help franchisees make money, but also to achieve the purpose of serving themselves. It considers not only the interests of the enterprise itself, but also the conditions that the franchisee should have, as well as the benefits that can be obtained after joining.

Therefore, the preparation of the franchise contract should be carried out with great care.

If you need to prepare a franchise contract document, you must pay attention to the following issues:

Clause. 1. Product license contract; Franchise headquarters information disclosure (i.e., able to provide franchisee information) documents;

Clause. Second, there must be a sound letter of intent to franchise; Confidentiality agreement and deposit statement;

Clause. 3. Franchise contract (this is generally limited by region); Confirmation of business district;

Clause. 4. Trademark use, patent or know-how license contract;

Clause. Fifth, the product purchase and sale contract and the chain store operation and management standard system.

Of course, these are only in general terms, but also need more detailed provisions, only the regulations are clear, in order to better exercise the powers, in order to make the normal operation of the enterprise, and finally to obtain the benefits of catering operations.

I recommend a good restaurant chain to you, you can go to inspect them, it's very good.

It is recommended to find a professional lawyer to screen, how much money is needed, don't let unprofessional people mislead, after all, it is your own money.

Franchise contract refers to the business activities of an enterprise with registered trademarks, corporate logos, patents, proprietary technologies and other business resources, which licenses its business resources to other operators (franchisees) in the form of a contract, and the franchisee carries out business activities under a unified business model in accordance with the contract and pays franchise fees to the franchisor. The franchisor must have the corresponding business qualifications.

1. Can I join without a trademark?

Without a registered trademark, you cannot authorize the opening of a franchise store. Article 3 of the Regulations on the Administration of Commercial Franchises stipulates that commercial franchising refers to the business activities in which an enterprise (franchisor) with registered trademarks, corporate logos, patents, proprietary technologies and other business resources is licensed to other operators in the form of a contract, and the franchisee (franchisee) carries out business under a unified business model in accordance with the contract and pays franchise fees to the franchisor.

Units and individuals other than enterprises shall not engage in franchising activities as franchisors.

2. What does franchising mean.

Franchising refers to a business model in which the franchisee owner allows the franchisee to use its name, trademark, proprietary technology, products and operation and management experience for a fee in the form of a contract. The franchisee is allowed to use the common trademarks, trade names, corporate images, working procedures, etc. owned or controlled by the franchisor.

Article 3 of the Regulations on the Administration of Commercial Franchises (hereinafter referred to as franchises) in these Regulations refers to the business activities in which enterprises (hereinafter referred to as franchisees) with registered trademarks, corporate logos, patents, proprietary technologies and other business resources (hereinafter referred to as the franchisor) license their business resources to other operators (hereinafter referred to as the franchisee) in the form of contracts, and the franchisee carries out business activities in accordance with the contract in a unified business model and pays franchise fees to the franchisor.

Units and individuals other than enterprises shall not engage in franchising activities as franchisors.

3. Do I need a registered trademark to be authorized?

A registered trademark must be required before it can be granted. According to the relevant provisions, commercial franchising refers to the business activities of enterprises (franchisors) with registered trademarks, corporate logos, patents, proprietary technologies and other business resources, licensing their business resources to other operators in the form of contracts, and the franchisee (franchisee) carries out business activities under a unified business model in accordance with the contract and pays franchise fees to the franchisor. Units and individuals other than enterprises shall not engage in franchising activities as franchisors.

One-of-a-kind franchise has the answer for you:

Basic conditions for processing:

1.First of all, it is necessary to obtain the qualification of commercial franchise record, only the enterprise that has obtained the commercial franchise record can engage in franchise activities as a franchisor, and other units and individuals shall not engage in franchise activities as a franchisor.

2.Commercial franchise filing enterprises engaged in franchise activities shall have a mature business model and have the ability to continuously provide business guidance, technical support and business training and other services for the franchisee.

3.Commercial franchise record franchisor engaged in franchise activities shall have at least 2 directly operated stores, and the operating time is more than 1 year. This condition, often referred to as "two points a year", is intended to prevent some businesses from taking advantage of franchises to commit fraud.

In accordance with the provisions 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, apply to the competent department of commerce for the record in accordance with the relevant regulations.

According to the law, the following materials shall be submitted to the commerce department for the franchise record:

1) The basic operation of the franchise enterprise.

2) Description of the distribution of stores of all franchisees in China.

3) Market plan.

4) Qualification documents and copies of the franchise entity, such as a copy of the business license of the enterprise.

5) A copy of the registration certificate of trademarks, patents and other forms of business resources related to franchising.

6) Certification documents issued by the commerce department of the municipal (prefecture-level city) unit; If the directly operated store is set up abroad, the franchisor needs to submit the business certificate of the directly operated store (Chinese translation), and also need to be notarized by a local notary public and certified by the local embassy or consulate.

7) Franchise contract.

8) Franchise Manual Directory.

9) If the state approval is required according to the law to do the franchise (which is similar to the aforementioned franchise license) of the industry, it must be submitted to the relevant competent authority for approval.

10) The written commitment of the franchisee (the signature and seal of the legal representative are required).

Summary. In response to your question, the specific negotiation process of catering franchise is roughly as follows: the first step, the initial stage of negotiation:

The two sides have preliminary exchanges to understand the situation and requirements of franchisees and franchisees, and determine the intention of cooperation. The second step, data review: the franchisee will review the qualifications, experience, financial status and other information provided by the franchisee to ensure that the franchisee meets the basic conditions.

Step 3: Sign a confidentiality agreement: In order to avoid the disclosure of trade secrets, both parties need to sign a confidentiality agreement. The fourth step is the exchange and cooperation model

The franchisee introduces the brand, products, services, management, training and other aspects to the franchisee, and formulates the corresponding cooperation model according to the actual situation of the franchisee. The fifth step, business negotiation: the two sides on the franchise fee, joining conditions, franchise period, regional protection, commodity procurement, marketing support and other aspects of detailed business negotiations.

Step 6: Sign the contract: After the business negotiation, both parties reach a consensus and sign the contract. <>

Hello, I would like to ask about the specific process of negotiation of catering franchise franchise.

In response to your problem, the specific negotiation process of catering franchise is roughly as follows: the first step, the initial stage of negotiation: the two sides have preliminary exchanges to understand the situation and requirements of franchisees and franchisees, and determine the intention of cooperation.

The second step, data review: the franchisee will review the qualifications, experience, financial status and other information provided by the franchisee to ensure that the franchisee meets the basic conditions. The third step is to sign a confidentiality agreement

In order to avoid the disclosure of trade secrets, both parties need to sign a confidentiality agreement. The fourth step, exchange and cooperation mode: the franchisee introduces the brand, products, services, management, training and other aspects to the franchisee, and formulates the corresponding cooperation model according to the actual situation of the franchisee.

The fifth step, business chaos and leakage negotiation: the two sides on the franchise fee, franchise conditions, franchise period, regional protection, commodity procurement, marketing support and other aspects of detailed business negotiations. Step 6: Sign the contract:

After the business negotiation, both parties reach a consensus and sign the contract. <>

1.During the negotiation process, the franchisee usually provides some information that the franchisee needs to know, such as brand history, market analysis, competitor analysis, etc. 2.

Franchisees should fully understand the franchisee's brand, products, services, management, training and other aspects before negotiation, so as to better communicate and negotiate. 3.In business negotiations, both parties need to consider each other's interests and ensure that the cooperation model and contract terms can achieve a win-win situation.

4.After signing the contract, the franchisee needs to fulfill the relevant obligations in accordance with the contract and actively cooperate with the franchisee to jointly promote the development of the brand. <>

It is recommended that you study the "Regulations on the Administration of Commercial Franchises" (Order No. 485 of the People's Republic of China), "Administrative Measures for the Filing of Commercial Franchises" and "Administrative Measures for the Disclosure of Commercial Franchise Information", and everything will be understood. Respondent's Supplement 2009-07-09 13:21 The above is the regulations that franchise chains need to follow.

There are three types of chain enterprises: regular chain, franchise chain, and voluntary chain.

However, franchising needs to be submitted for approval (filing). If you are engaged in a concession in a province, it is OK to file with the provincial Department of Commerce. If it is inter-provincial chain, it will be filed with the Ministry of Commerce.

Recently, there seems to be a notice that inter-provincial franchise chains can also be filed in this province. Materials to be prepared for filing:

First, the basic situation of commercial franchising.

2. The distribution of all franchisees' stores in China.

3. The franchisor's market plan.

4. A copy of the business license of the enterprise legal person or a copy of the qualification certificate of other entities.

5. A copy of the registration certificate of trademark rights, patent rights and other business resources related to franchise activities.

6. The certificate issued by the competent department of commerce at the municipal level divided into districts that meets the requirements of "two stores for one year"; If the directly-operated store is located abroad, the franchisor shall provide the business certificate of the directly-operated store (including Chinese translation), which shall be notarized by a local notary public and authenticated by the Chinese embassy or consulate in the local area.

The provisions of the preceding paragraph shall not apply to the franchisor who has engaged in franchising activities before May 1, 2007, but shall submit the first franchise contract concluded between the franchisor and the franchisee in China.

7. Sample franchise contract.

Eighth, the franchise operation manual of the directory.

The number of pages for each chapter and the total number of pages of the manual shall be indicated, or, if such manuals are made available on the intranet of the concession system, an estimated number of printed pages shall be provided).

9. The products and services that the national laws and regulations stipulate can only be carried out after approval shall be submitted to the approval documents of the relevant competent authorities.

10. The franchisor commitment signed and sealed by the legal representative.

Direct free chain needs to be approved for franchising, and the franchise needs to be submitted for approval (filing) The province engages in the licensing of the provincial Department of Commerce for the record, ok inter-provincial chain business department for the record, the recent image notice, the inter-provincial franchise chain, the province for the record, the information should be prepared:

Basic information of commercial franchising.

Second, the distribution of all licensed stores in the territory.

3. Franchise market plan.

4. A copy of the business license of the enterprise or a copy of its main qualification certificate.

5. A copy of the registration certificate of trademark rights, patent rights and business resources related to franchising.

6. The competent department of commerce at the districted city level shall have the certificate of compliance with the two stores; If the directly-operated store is located overseas, the business certificate of the directly-operated store (including translation) shall be provided and certified by a notary public at the embassy or consulate.

Before May 1, 2007, the applicable provisions of the franchise franchise should be submitted to the concession and the domestic franchise to enter into the first franchise contract.

Seventh, the franchise contract.

Eighth, the franchise operation manual directory.

The number of pages per chapter shall be indicated, the total number of pages of the manual shall be provided on the intranet of the licensing system, and the estimated number of printed pages shall be provided for the provision of manuals).

9. Family laws and regulations stipulate that the approval of franchise products and services shall be submitted to the relevant competent authorities.

10. The authorized representative signs and seals the concession commitment.

I also want to develop this model, is there a chance for cooperation?

In the socialist market economy, if the catering chain enterprises want to survive and develop, they must do a careful investigation of the relevant connections, so as to be able to walk out of the road of catering enterprises with their own characteristics.

Clause. First, the managers of restaurant chain enterprises should strengthen the management and supervision of the front office.

Clause. Second, restaurant chain enterprises should be clear about what customers need, and then according to the needs of customers, to develop product production and marketing.

Clause. Third, we must learn to keep improving, which is also the fundamental way out for restaurant chain enterprises.

A good restaurant chain can create a lot of profits, and it is recommended that you join Hunan Xiangxi Basket People's House.