Traditional Culture Encyclopedia - Hotel reservation - Selection mode of catering outsourcing service contract
Selection mode of catering outsourcing service contract
Template of catering outsourcing service contract 1
Partner: _ _ _ _ _ _ _ _ _
Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(Other partners should fill in the above items in the order)
Article 1 Purpose of partnership
Article 2 Project and scope of partnership operation
Article 3 Term of Partnership
The term of the partnership enterprise is _ _ _ _ _ _ _ _ _ years.
Article 4 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 5 surplus distribution and debt commitment
1. Income distribution, based on _ _ _ _ _ _ _ _ _, 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 6 Access, Withdrawal and Transfer of Capital Contribution
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 the partnership: ① You can quit the partnership only if there are justified reasons; (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; (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 be assigned. If a third party other than the partner is transferred, the third party will be regarded as joining, otherwise the transferor will be regarded as quitting.
Article 7 Rights of the person in charge of the partnership and other partners
1._ _ _ _ _ _ is the head of the partnership. Its functions and powers are: ① to handle foreign business and sign contracts; (2) the daily management of the partnership enterprise; (3) Selling partnership products (commodities) and purchasing commonly used commodities; (4) Paying off the partnership debts; ⑤____________。
2. Rights of other partners: ① Participate in the management of the partnership; (two) to listen to the report on the business development of the person in charge of the partnership; Check the account books and operating conditions of the partnership; (4) * * * to decide on major issues of the partnership.
Article 8 prohibited acts
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 this partnership.
5. If a partner violates the above terms, 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 9 Termination of partnership enterprise 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.
Article 10 Settlement of disputes
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 11 This contract shall come into effect and commence business as of the date of approval by the administrative department for industry and commerce.
Article 12 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 7 Labor management, number of employees, salary, training and welfare _ _ _ _ _ _ _ _ _ (omitted).
Article 8 Liability for breach of contract:
1. If any member of the joint venture fails to pay the capital contribution in full and on time in accordance with the provisions of Article 3 of this Agreement, the breaching party shall pay _ _ _ _% of the capital contribution to the joint venture company as liquidated damages for each overdue period.
2. If this agreement cannot be performed or can not be fully performed due to the breach of contract by any member of the joint venture company, the observant party has the right to demand that the agreement be terminated, and require the defaulting party to pay liquidated damages in addition to _ _ _% of the capital contribution, and compensate all economic losses. If both parties agree to continue to perform the agreement, the breaching party shall compensate the company for the losses caused by its breach of contract.
3. Handling of force majeure.
4. If there is any dispute during the performance of this agreement, both parties shall send representatives to settle it through consultation.
Article 9 This Agreement shall come into force after being signed by the representatives of both parties and submitted to the relevant competent authorities for examination and approval. If there are any matters not covered in this agreement, both parties shall make supplementary provisions through consultation.
Article 10 On the effective date of this Agreement, that is, the date when the board of directors of the company is established, the board of directors of the company shall be responsible for the preparatory matters such as company registration and opening a bank account.
Article 11 The original of this Agreement is in duplicate, one for each party, one for the company, and a copy of this Agreement is sent in _ _ _ _ _ _ _ _.
Party A (official seal): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Bank account: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (official seal): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Bank account: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Model catering outsourcing service contract II
Party A: _ _ _ _ _ _ _ (hereinafter referred to as Party A)
Party B: _ _ _ _ _ _ _ (hereinafter referred to as Party B)
According to the Contract Law of People's Republic of China (PRC) and relevant laws, Party A and Party B reach the following agreement on the contracting of Party A's canteen:
I. Mode of operation
1. Party A shall provide the kitchen, dining room and complete kitchen equipment, and be responsible for the water, electricity, fuel and accommodation of kitchen workers.
2. Party B is responsible for the maintenance of kitchen facilities. In case of man-made damage, Party B shall compensate the price.
3. Party B shall purchase and process by itself, and be responsible for its own profits and losses.
4. Party B arranges the kitchen staff by itself, and is responsible for the salary and welfare of the kitchen staff.
5. During the contract period, if it is necessary to add or replace kitchen equipment, it shall be proposed by Party B, and Party A shall be responsible for it after Party A agrees.
Second, the rights and obligations of both parties
1. Rights and obligations of Party A:
1) Party A shall supervise Party B's operation and performance of the contract as stipulated in the contract, and make good coordination.
2) Party A shall supervise Party B's food intake, side dishes, nutrition collocation, service level and sanitary conditions, and have the right to require Party B to make timely rectification.
3) Party A shall assist Party B in maintaining public order in the canteen and strengthen the education of employees.
2. Rights and obligations of Party B:
1) Party B is responsible for the management of the canteen, including the collocation and production of personnel and dishes, the sanitation of dining environment and service.
2) Party B must abide by national and local environmental and food hygiene standards. It is forbidden to supply rotten food and keep the dishes fresh and hygienic.
3) Party B must provide Party A with working day meals on time, which are fresh and delicious, with novel design and good nutrition.
4) After meals, the tableware should be carefully cleaned and disinfected, and the environment in the canteen and dining hall should be thoroughly cleaned. Always clean the pools and sewers inside and outside the canteen to ensure smooth flow. Always clean the dirt on stoves and cookers.
5) Do a good job in eliminating mosquitoes, flies and rats.
6) The freezer should be cleaned, defrosted and deodorized regularly, and stored raw and cooked separately.
7) Party B's on-site staff must hold health certificates.
8) Party B is responsible for the wages and benefits of all canteen employees.
9) The kitchen staff shall abide by the rules and regulations of Party A's company and the kitchen discipline.
Third, food standards.
Breakfast is RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (If there is any change, both parties will agree through negotiation. )
Fourth, the settlement method
Party A shall calculate the meal fee every _ _ _ month according to the number of meals agreed by both parties, and pay it to Party B in cash or by cheque before _ _ _ every month.
Verb (abbreviation of verb) contract terms
The probation period is _ _ _ _ _ months, and the contract period is _ _ _ _ _ years, that is, from _ _ _ _ _ _ _ _ _. Upon the expiration of the probation period, if both parties have no requirements for change or dissolution, they will directly enter the formal contract period. When the contract expires, if both parties have no objection, the contract will be automatically renewed.
Provisions on the termination of intransitive verb contract
If Party A wants to terminate the cooperative relationship, it shall notify Party B _ _ _ days in advance; If Party B wants to terminate the cooperative relationship, it shall notify Party A _ _ _ days in advance;
Seven. responsibility for breach of contract
1. If Party A's personnel are poisoned by unclean food provided by Party B, Party B shall be responsible for compensation and bear corresponding legal consequences.
2. If Party A fails to settle Party B's account on time for more than _ _ _ _ days (from the date of settlement confirmation), it shall bear _ _ _ _%/day as penalty.
3. If one party intends to terminate the cooperation without notifying the other party in advance, it shall compensate the other party for _ _ _ _ _ _ _ _ _% of the last month's meal expenses.
Eight. others
This contract is made in duplicate, one for each party, and shall come into effect after being signed by both parties. Matters not covered in this contract shall be settled by both parties through consultation.
Party A: _ _ _ _ _ _ _ _ _ _ _ _
Representative of Party A: _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _
Representative of Party B: _ _ _ _ _ _ _
Date: _ _ _ _ _ _ _ _ _ _ _ _
Model catering outsourcing service contract 3
Party A: Deng's Spicy Chicken Hot Pot Chain Store in Longli, Guizhou; Party B: _ _ _ _ _ _ _ _ _
Legal representative:
Company seal company seal
Date: Date:
Hereinafter referred to as "Franchisee" or "Franchisee") agrees with the chain ideal led by Deng's spicy chicken hot pot chain store in Longli, Guizhou Province, agrees to abide by the terms of its operating regulations and applies for joining, and the Deng's spicy chicken hot pot chain store in Longli, Guizhou Province also recognizes its joining. Both parties reached the following contract on joining:
Article 1: Organization
1, Guizhou Longli Deng's spicy chicken hot pot chain store (hereinafter referred to as the "headquarters") dominates this business, and all "Guizhou Longli Deng's spicy chicken hot pot chain stores" are registered trademarks.
2. The headquarters may set up "regional headquarters" or "branches" directly under the central government within the regional groups of franchisees as required (collectively referred to as "headquarters" as mentioned in the preceding paragraph).
3. If there are no regional headquarters or branches of municipalities directly under the Central Government, the headquarters may entrust part of its business to a third party, which is called the entrusted business "branch" (hereinafter referred to as "branch").
Article 2: Accession
1, initial fee. Each store is RMB 1 10,000 yuan per year, which will be paid to the head office when signing the franchise contract. From the time when both parties sign the mutual confirmation letter, the joining fee will be used as the deposit for joining application entrusted for safekeeping. This admission fee is non-refundable.
2. The Franchisee is the operator of "Guizhou Longli Deng's Spicy Chicken Hot Pot Chain Store" located in (restaurant residence). As a franchise store of Deng's spicy chicken hot pot chain store in Longli, Guizhou, our store has the following conditions and is determined to abide by this contract and do business in good faith.
(1) Maintain the structure of the restaurant according to the standardization plan of the headquarters.
(2) Maintain a management system that does not accept the constraints of third parties.
(3) Franchisees specialize in business by themselves or legally qualified agents, or make practitioners have a unified sense of chain.
(4) While actively assisting chain activities, efforts should be made to improve the management level.
(5) Understand the social mission of being a chain restaurant of Deng's spicy chicken hot pot series in Longli, Guizhou, and serve customers faithfully.
Article 3: Privilege
Franchisees should have the following basic privileges:
(1) Relying on the emblem of "Guizhou Longli Deng's Spicy Chicken Hot Pot Chain Store", enjoy the popularity and credit of "Guizhou Longli Deng's Spicy Chicken Hot Pot Chain Store".
(2) You can use the trademark of "Guizhou Longli Deng's Spicy Chicken Hot Pot Chain Store" to conduct business activities and enjoy the purchase price of all products of Guizhou Longli Deng's Food Co., Ltd. (see attached table for product specifications and prices).
(3) In terms of newly established or renovated restaurants, strive for the unification of restaurants according to the standardization plan stipulated by the headquarters (branches).
(4) The product category and price scheme of the franchisee shall conform to the standardization scheme formulated by the headquarters (branch), or may be completed through consultation with the headquarters according to the actual situation of the franchisee.
(5) The selected goods can be purchased at a relatively stable price, so they can be rationalized and streamlined, and in addition, they can get timely special offers.
(6) You can participate in promotional activities, advertisements, assembly activities and other activities planned by the headquarters (branches).
(7) With regard to the overall operation of franchise stores, you can use the specialized functions of the headquarters (branches) to get correct guidance and help.
(8) Franchisees and employees can receive education and training.
(9) Information needed for restaurant operation can be obtained in time.
(10) The franchise stores are completely financially independent, responsible for their own profits and losses, and bear their own legal responsibilities and obligations. Headquarters (branches) are only responsible for technical guidance.
Article 4: Use of Registered Trademarks
1. The headquarters acknowledged that the franchisees used the emblem and trademark of "Guizhou Longli Deng's Spicy Chicken Hot Pot Chain Store" and the emblem and trademark of "Guizhou Longli Deng's Food Co., Ltd." for commodity sales, and used them as a means of promotion and advertising.
2. There are the following provisions on the use of the emblem and trademark of "Tang's spicy chicken hot pot chain store in Longli, Guizhou":
(1) The use of the emblem at the head of the franchise store and other places is limited to the emblem provided or designated by the head office. Its use method should be carried out according to the designation of the headquarters (branch).
(2) The trademarks and emblems of Deng Shi Food Co., Ltd. in Longli County, Guizhou Province are purchased from the headquarters.
(3) If it is necessary to advertise "Tang's Spicy Chicken Hot Pot Chain Store in Longli County, Guizhou Province" or Tang's Food Co., Ltd. in Longli County, Guizhou Province, the information provided or recognized by the headquarters should be used and carried out according to the regulations of the headquarters.
3. Registered trademarks can only be used within the scope of this contract, and may not be used outside the scope of this contract.
Article 5: Goods purchased
1. Franchisees shall determine the product types and prices according to the standardization plan stipulated by the headquarters (branches). In principle, the products operated by franchisees and the main and auxiliary materials used for design are purchased by the headquarters (branches), but other raw materials not specified by the headquarters can be purchased by franchisees themselves.
2. Franchisees dealing in goods other than 1 shall obtain the approval of the head office (branch).
3. Both the headquarters (branches) and franchisees use cash on delivery to settle the goods.
Article 6: Freight of Goods
The headquarters (branches) shall, in principle, take the local area as the unit and purchase goods from all franchise stores under the same conditions. The transportation cost of the goods shall be borne by each franchise store.
Article 7: Obligation of confidentiality
Franchisees are not allowed to disclose the plans and business activities of Deng's spicy chicken hot pot chain store in Longli, Guizhou to a third party at will. In particular, the following matters should be kept confidential as important secrets. If any violation causes damage to the headquarters (branches) and related parties, compensation must be made according to their requirements.
(1) The variety, price, conditions, purchase objects and other related matters of the commodities and articles to be traded.
(2) franchising plan, actual performance, and the specific calculation and content of purchase, sales, profit and loss, funds, etc.
(three) other matters assigned by the headquarters (branch).
Article 8: Prohibited Articles
Franchisees shall not commit the following acts. If it is considered necessary, it must be approved in writing by the headquarters (branch).
(1) Goods and articles transferred or provided to other operators.
(2) Transfer the distributed articles, documents and information to others for use or reproduction.
(3) Join other chains in the same industry, or have a chain relationship, whether in my own name or in the name of others.
(4) The right to transfer or guarantee the mortgage to others, and the franchise right, lease right, movable property, immovable property or business-related creditor's rights, etc. You can only enjoy it after signing this contract.
(five) other matters prohibited by the headquarters (branches).
Article 9: Suggestions for Change
When the franchisee fails to fully implement the provisions of this contract and the instructions of the head office (branch office), or lacks sincerity, or because of the franchisee's own improper management, or is considered not to have the conditions for joining, the head office (branch office) shall propose changes in writing. Franchisees must give a clear answer to this suggestion and implement it.
Article 10: Exemption from Force Majeure
When the purchase of goods and other activities of the headquarters (branches) are blocked due to natural disasters, disasters and undisputed reasons, the franchisee shall admit that it is irresistible and shall not raise objections.
Article 11: The Franchisee's Right to Dissolve
The franchisee may terminate this contract at any time according to his own wishes. In this case, the headquarters (branch) should be informed in writing six months ago.
Article 12: Revocation of the right of the headquarters
1. The head office (branch) has the right to terminate this contract in case of any of the following circumstances of the franchisee:
(1) When the joining conditions specified in Article 2 of this contract are missing, or when there is a serious violation of this contract and operating procedures due to intentional or negligence.
(two) do not adhere to the principle of centralized procurement of goods by the headquarters (branches), purchase goods outside the regulations, or do not conduct continuous transactions with other operators in accordance with the guidance of the headquarters (branches).
(3) Failing to implement the change proposal of the headquarters (branch) or failing to give a clear answer.
(4) Delaying the payment of debts such as payment for goods, technical guidance fees, handling fees, and burdens, or failing to pay in accordance with the payment deadline and prescribed payment methods.
(5) When the head office (branch) judges that all or part of the franchise stores can't be used, or the financial situation is obviously deteriorated, or the operation is sluggish, etc. , it can't continue to run normally.
(6) When the 9 branch of the headquarters determines that the chain store is unqualified, it accepts the Notice of Bankruptcy and Suspension of Production, the Statement of Quasi-Suspension of Production, or mortgage, temporary mortgage, or something related to crime.
(7) When the franchise store is closed.
(8) there are words and deeds that damage the chain credit, or there are acts that hinder the chain activities.
(9) When the legal person is changed due to the change or merger of the organization, representatives, cadres, shareholders and members of the legal person, the headquarters (branch) thinks that its contents are inappropriate, or the property status is changed due to inheritance, the headquarters (branch) thinks that it is inappropriate or the successor does not operate in person, and there is no commitment for the headquarters (branch) to entrust a third party to operate.
2. When the franchisee applies Item (4) or Item (9) of the preceding paragraph, the head office may terminate this contract without any notice.
Article 13: Handling of Contract Termination
1. When the contract is terminated, the franchisee must perform the following items:
(1) Immediately stop using the emblem of "Guizhou Longli Deng's Spicy Chicken Hot Pot Chain Store" and the rights exercised due to the contract.
(2) Immediately dismantle or cancel the interior and exterior decoration, signboards, signs and advertisements of the shops designated by the headquarters, and hand over the emblems, signs and advertisements provided or allowed by the headquarters to the headquarters (branches), and the expenses required shall be borne by the franchisees. In addition, it is not allowed to ask for the cost of purchasing equipment.
(3) Return the orders, catalogues, price lists and other documents and all items provided by the headquarters (branch) immediately.
(4) Immediately pay off the debts to the headquarters (branches) and other related parties.
2. Under the condition that the franchisee has not removed or cancelled the emblem and logo of "Guizhou Longli Deng's Spicy Chicken Hot Pot Chain Store", the headquarters can implement it by itself. In this case, the expenses for deleting or canceling these contents will be borne by the franchisee. In addition, the restoration of buildings and other damages shall be carried out by the franchisee, and the expenses shall be borne by the franchisee.
3. Even after the termination of the contract, the franchisee shall strictly abide by the confidentiality obligations stipulated in Article 16 of this contract. In addition, it is necessary to ensure that there are no words and deeds that are unfavorable to the chain stores of Deng's spicy chicken hot pot series in Longli, Guizhou.
Article 14: Contract Time
The term of this contract is 1 year, counting from the date of signing. In the future, if neither party raises any objection when it expires, this contract will be deemed to be automatically extended for one year in a row, and it will be the same in the future.
Article 15: Contract disputes
In case of disputes arising from this contract, the court with jurisdiction at the location of the headquarters (branch) shall be the court of first instance.
According to the contents of the above franchise contract, the following franchise contracts shall be formally signed:
On (hereinafter referred to as "Party A" or "Headquarters") and (hereinafter referred to as "Party B" or "Franchise Store"), according to the Franchise Contract of Deng's Spicy Chicken Hotpot Series Chain Store in Longli, Guizhou, the following contract is concluded:
1. Name of the franchise store
The name of the franchise store is Weng 'an Branch, a hot pot chain of Deng's spicy chicken in Longli, Guizhou.
2. Belong to
The operation and management of the franchise store belongs to Weng 'an branch of Deng's spicy chicken hot pot chain in Longli, Guizhou. Party A shall conduct commodity procurement, guidance and assistance according to the contract.
3. Business license fee
Party B paid10,000.00 yuan to Party A on, and Party A received RMB.
4. Technical guidance fee
Party B shall pay Party A a one-time technical guidance fee of 2000 yuan.
5. Designated banks
According to the actual situation, both parties agree on Party B's trading bank as follows:
Bank name:
Deposit type:
Account number:
Account name:
7. Join the damage insurance
Party B shall purchase the following damage insurance specified by Party A:
Fire insurance:
Motor vehicle insurance:
Other insurance:
The above is the contract and basis for joining Weng 'an Branch, a hot pot chain of Deng's spicy chicken in Longli, Guizhou. The original signed and sealed by the franchisee and the headquarters is in duplicate, and each party holds one copy.
Selected text of demonstration contract for catering outsourcing service;
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