Traditional Culture Encyclopedia - Hotel franchise - Restaurant cooperation agreement

Restaurant cooperation agreement

At present, agreements are often used, which can be the legal basis for both parties. What kind of agreement is effective? The following is the restaurant partnership agreement I compiled for you, I hope it will help you.

Restaurant Cooperation Agreement 1 Party A:

Party B:

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 cooperation agreement on catering business through friendly negotiation, and promised to abide by it together.

Article 1 Name and main business place of the company

1. This partnership belongs to the partnership according to law. Enterprise name:

2. The main business premises of the enterprise:

3. Legal Representative:

Article 2 Term of Cooperation

This agreement shall be valid for five years, and shall take effect from _ _ _ _ _ _ _ _ _ _ _.

Article 3 Mode of capital contribution

1, where Party A is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

2. Party B contributes RMB _ _ _ _ _ _ in cash.

3. The payment period is before _ _ _ _ _ _ _ _ _ _ _ _ _.

4. The capital contribution of this cooperation is RMB Yuan only. During the cooperation period, the capital contribution of each partner is * * * property, and it is not allowed to ask for division at will. After the termination of the cooperation, all the property will be shared equally by all partners.

Article 4 surplus distribution and debt commitment

1. Income distribution: the income excluding operating costs, daily expenses, wages, bonuses and taxes to be paid is the net profit, that is, the cooperative income-generating surplus, which is the key point of cooperative distribution and will be distributed according to the proportion of capital contribution of partners.

2. Debt commitment: In case of debt in the course of cooperative operation, the cooperative debt shall be repaid in priority by the partnership property; If the cooperative property is insufficient to pay off, it shall be borne in proportion to the capital contribution of each partner.

Article 5 Rights and obligations of partners

1. From the effective date of this agreement, all partners entrust Party A to manage and operate the partnership, and other partners enjoy the rights of partners as stipulated by law.

2. Party B is responsible for financial management. When Party A needs funds, it shall inform Party B in advance to make preparations. Party A must keep accounting vouchers for the amount used, and the accounting system is clear.

3. During the partnership, the property contributed by the partners shall be owned by * * * and shall not be divided at will. When the partnership enterprise is terminated according to law or for legal reasons, the profits and losses of the enterprise shall be borne in proportion to the relevant provisions of this agreement.

4. The decision-making power, supervision power, specific business activities and important matters of cooperation affairs shall be decided by both parties.

5. Partners have the right to distribute the benefits of cooperation.

6. The partners shall distribute the cooperation income according to the proportion of capital contribution or the agreement, and the property accumulated by the cooperative operation shall be owned by the partners.

7. Maintain the unity of partnership property according to the cooperation agreement.

8. Share the responsibility for the loss of cooperative operation.

9. Take joint and several liability for cooperative debts.

Article 6 prohibited acts

1. Without the consent of all partners, it is forbidden for any partner to engage in business activities in the name of cooperation without permission. If the benefits from his business belong to all partners, the losses caused by it will be fully compensated by the partners themselves.

2. It is forbidden for partners to engage in business similar to or competitive with this cooperation project.

3. Unless otherwise agreed in the cooperation agreement or agreed by all partners, the partners shall not conduct transactions with the cooperative enterprise.

4. Partners shall not engage in activities that harm the interests of the cooperative enterprise.

Article 7 Termination and liquidation of cooperation

1. The cooperation is terminated due to the following circumstances:

(1) All partners agree to terminate the partnership.

(2) There is no legal partner.

(3) The business project is revoked according to law.

(4) Other reasons for the dissolution of the contractual joint venture as stipulated by laws and administrative regulations.

2. Liquidation of cooperation:

(1) The cooperation shall be liquidated after dissolution, and the creditors shall be notified.

(2) The cooperative liquidator shall be appointed by all partners or with the consent of more than half of all partners. Within/0/5 days after the dissolution of the cooperative store, the partner or the partner * * * shall jointly serve as the liquidator, lawyer, accountant and other third parties. /kloc-If the liquidator is not determined within 0/5 days, the partners may apply to the people's court for the appointment of the liquidator.

(3) After paying the liquidation expenses, the property of the cooperative shall be paid off in the following order: the wages and labor insurance expenses owed by the cooperative, the taxes owed by the cooperative, the debts of the cooperative, and the capital contribution finally returned to the partners.

(4) If there is any surplus after settlement, it shall be distributed according to the method in Paragraph 1 of Article 6 of this Agreement.

(5) If the cooperation suffers losses during liquidation and the cooperation property is insufficient to pay off, it shall be handled in the way of Paragraph 2 of Article 6 of this Agreement. Each partner shall bear unlimited joint and several liability, and if the amount paid by the partner exceeds the amount due to joint and several liability, the partner shall have the right to recover from other partners.

Article 8 Liability for breach of contract

1. If one party violates any terms of this contract, the observant party has the right to terminate the execution of this contract and demand the defaulting party to compensate the losses according to law.

2. If one party's behavior is not conducive to the development of the partnership, or the partnership is dissolved due to gross negligence or violation of national laws and regulations, the observant party has the right to terminate the execution of this contract and demand the defaulting party to compensate the losses according to law.

Article 9 Termination of the Agreement

1. If one party violates this cooperation agreement, the other party has the right to terminate the cooperation agreement.

2. The cooperation agreement expires.

Both parties agree to terminate the agreement.

4. If one partner has legal problems and acts harmful to the enterprise, the other partner has the right to terminate the cooperation agreement.

Article 10 dispute settlement

Any dispute arising from or related to this agreement shall be settled by both parties through consultation. If negotiation fails, either party may bring a lawsuit to the people's court in the place where this contract is signed.

Article 11 Others

1. Upon consensus, the partners may modify this agreement or supplement matters not covered. If the supplementary or modified contents conflict with this Agreement, the supplementary or modified contents shall prevail.

2. This Agreement is made in duplicate, with each party holding one copy.

3. This agreement shall come into effect after being signed or sealed by all partners.

Signature of Party A's representative: (Seal) ID number: Tel:

Signature (seal) of Party B's representative ID number: Tel:

Partner of Restaurant Partnership Agreement II: Party A (name), male (female), born on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Partner: B (name), with the same content as above (list the basic information of partners).

Partner: C (name), with the same content as above (list the basic information of partners).

Party A, Party B and Party C are willing to jointly operate _ _ _ _ _ _ (project name) with a total investment of RMB, of which Party A, Party B and Party C contribute RMB, accounting for% and% of the total investment respectively.

Based on the principles of fairness, equality and mutual benefit, the partners have reached the following partnership agreement:

Article 1 The amount, mode and duration of capital contribution

1. Partner _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. (Other partners are listed in the same order as above)

2. The capital contribution of each partner shall be paid in full before _ _ _ _ _ _ _ _ _.

3. The contribution of this partnership is RMB _ _ _ _ _ _ _ _ _. 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 refunded at that time.

Article 2 surplus distribution and (debt commitment)

1, the remaining distribution, based on (_ _ _ _ _ _), is distributed in proportion.

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 based on the (_ _ _ _ _ _) of each partner.

Article 3 Access, Withdrawal and Transfer of Capital Contribution

1. occupation:

(1) Need to acknowledge this contract;

(2) With the consent of all partners;

(3) to implement the rights and obligations stipulated in the contract.

2. Quit:

(1) You need a valid reason to quit;

(2) Do not quit when the partnership is unfavorable;

(3) The withdrawal shall be notified to other partners (_ _ _ _ _ _) months in advance, and all partners agree (negotiate);

(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;

(5) If the withdrawal of the partnership without the consent of the contractor causes losses to the partnership, it shall be compensated.

3. Transfer of capital contribution: Partners are allowed to transfer their own capital contribution. At the time of transfer, the partners have the priority to transfer. If a third party other than the transferor's partner is involved, the third party shall be treated as a partner, otherwise the transferor shall be treated as a partner.

4. In a three-person cooperative restaurant, except for the expenses of each person, the normal expenses of the restaurant are shared by three people (including rent, office equipment, taxes, etc.). ), and do not interfere with business operations.

5. The partnership enterprise shall calculate the profit of the enterprise in each fiscal year after the end of the year, and the profit obtained shall be given priority for each partner to recover the capital contribution cost.

Article 4 Rights of the person in charge of the partnership and other partners

1, (_ _ _ _ _ _ _) is the head of the partnership. Its authority is:

(a) to carry out foreign business and sign contracts;

(2) the daily management of the partnership enterprise;

(3) purchasing common commodities; Salary distribution of personnel.

④(____________)。

2. Rights of other partners:

① Participate in the management of the partnership enterprise;

(two) to listen to the report on the business development of the person in charge of the partnership;

(3) Examining the account books and operation of the partnership;

(4) * * * to decide on major issues of the partnership.

Acts prohibited by Article 5

1. Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of partnership without permission; If the profits from its operation belong to a partnership, it shall compensate for the losses according to the actual losses.

2. Partners are prohibited from engaging in businesses that compete with the partnership.

3. Partners are prohibited from joining other partnerships.

4. It is forbidden for partners to sign contracts with the partnership.

5. It is forbidden for partners to credit in the name of partners after consumption, which is severely discounted.

6. Partners are prohibited from engaging in any activities or behaviors that are detrimental to the interests of the restaurant.

7. (Supplementary)

8. If a partner violates the above provisions, he shall make compensation according to the actual losses of the partnership. Discourage those who refuse to listen can be decided by all partners to be removed from the list.

Article 6 Termination of the partnership and matters after termination

1. The partnership may be terminated for one of the following reasons:

(1) unable to operate, the restaurant is losing money;

② All partners agree to terminate the partnership;

(3) The purpose of the partnership has been completed or cannot be completed;

(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 elect (liquidator) and invite (_ _ _ _ _ _ _) middleman (or notary) 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.

Article 7 Disputes between partners shall be settled through consultation on the principle of being conducive to the development of the partnership. If negotiation fails, you can go to court.

Article 8 This contract shall come into effect and start business as of the date of signing.

Article 9 If there are any matters not covered in this contract, the partners shall discuss, supplement or modify it collectively. The supplementary and revised contents have the same effect as this contract.

Article 10 Others

Article 11 The original of this contract is in duplicate, with each party holding one copy.

Partner:

Partner:

Partner:

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Restaurant Partnership Agreement 3 Party A: Legal Representative: Address: Tel:

Party B: Legal Representative: Address: Tel:

According to the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, on the premise of honesty, equality and voluntariness, Party A and Party B have reached the following agreement on the cooperation between Party A and Party B, that is, all restaurants will be exclusively operated by Party B:

1. Based on the principle of integration of superior resources and benefit sharing between both parties, Party A agrees to hand over all its Family Cafe restaurants located in Baoan District Road, Shenzhen to Party B for operation and management. All operating expenses shall be borne by Party A. When the operation is profitable, Party B shall enjoy the agreed profit share.

Two. The term of the contract starts from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

3. In order to show the sincerity of cooperation between both parties and fully ensure the normal operation of Party B, Party A shall pay Party B RMB _ _ _ _ _ _.

Third, the way of cooperation:

1。 Party A owns the ownership of the Family Cafe, and entrusts Party B with the operation and management, including personnel management, material procurement, product management, planning and external promotion.

2。 All assets in the store (including utensils, tableware, etc. ) will be controlled and used by Party B..

3。 Profit sharing: during the cooperation period, the profit will be divided into 7: 3, 70% for Party A and 30% for Party B; Settlement and distribution shall be made before 15 every month.

Four. Rights and obligations of Party A:

1. Party A owns the ownership and reputation of the store. It is the owner and person in charge registered by the industrial and commercial and tax authorities. Party A shall be responsible for handling all licenses required for relevant business activities.

2. Party A has the right to know and know the operation in the process of cooperation, and has the right to put forward reasonable suggestions and opinions, and Party B should pay attention to Party A's suggestions and opinions.

3. Party A has the right to know the financial revenue and expenditure of the restaurant. Party A appoints the financial supervisor to supervise the financial revenue and expenditure at any time.

4. Party A does not directly participate in the operation and management of the restaurant, and fully trusts Party B's ability; If you have any good suggestions and opinions, you can put them forward to Party B separately.

5. Party A has the obligation to support all business activities of Party B and fully guarantee Party B's correct and reasonable business activities. Do not participate in the specific behavior of restaurant personnel, purchase, publicity and promotion.

6. Pay Party B the employee's salary, social security and related employee benefits in full and on time according to national laws.

7. Party A shall bear all operating expenses of the restaurant (including labor, rent, utilities, industrial and commercial tax and other related operating expenses) on time to avoid unnecessary losses.

Verb (abbreviation of verb) Rights and obligations of Party B:

1. Party B enjoys its due share of profits.

2. Party B has absolute management rights over the restaurant, including business planning, personnel management, production and material procurement.

3. Employees shall be appointed by Party B; All personnel shall be trained, managed and deployed by Party B. ..

4. Party B guarantees that the operating performance of the restaurant will be profitable within 6 months after the formal cooperation.

5. Party B will do a good job of management in good faith and make the restaurant profitable as soon as possible.

6. Party B will operate in good faith. If Party B's misconduct causes losses to the restaurant, Party B shall bear the responsibilities.

6. If the cooperation fails to achieve profitability within 6 months after the official start of the cooperation, Party A may unilaterally terminate the cooperation. After the financial liquidation of both parties, Party A takes over all the management rights and Party B quits the management.

Seven. If there is any profit, 10% of the profit will be used as the management fund, divided into 7: 3, and distributed monthly 15. Party B is responsible for the custody and management of the management fund to improve the welfare of restaurant employees. If it is not used up after the expiration of the cooperation period, it will be divided into 7: 3 (70% for Party A and 30% for Party B).

Eight. Party A shall be responsible for the following situations:

1. Labor disputes or industrial accidents occur during the contract period.

2. During the cooperation period, food poisoning occurred for reasons other than Party B and employees.

3. Have economic disputes or lawsuits with any third party in the course of business operation.

4. Employees' unintentional behavior causes losses.

X during the contract period, party a shall not terminate this contract without reason, otherwise it shall compensate party b for all economic losses related to labor.

XI。 Liability for breach of contract: neither party shall violate the provisions of this contract, and the observant party has the right to demand the defaulting party to compensate the other party for all economic losses caused by the breach of contract.

Twelve. Termination of the contract:

1. On the premise that both parties do not renew the contract, the contract will automatically terminate when it expires.

2. Both parties can terminate this contract through negotiation.

3. If the cooperation period fails to achieve profit within 6 months, Party A may terminate this contract after paying the employee's salary and liquidation by both parties.

4. In case of force majeure (earthquake, typhoon, government action, war and other natural disasters or political turmoil), this contract cannot be realized.

Thirteen. Matters not covered in this contract shall be settled by both parties through consultation. If negotiation fails, it may be submitted to the local people's court for handling.

Fourteen This contract is made in duplicate, one for each party; It will take effect after being signed by both parties.

Party A: Party B:

Legal representative:

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _