Traditional Culture Encyclopedia - Photography and portraiture - Shanghai Wedding Celebration Service Contract (26th Edition) Model Text
Shanghai Wedding Celebration Service Contract (26th Edition) Model Text
shanghai wedding trade association
Model text of Shanghai wedding celebration service contract (2006 edition)
Contract number:
Recipient (Party A):
Service Provider (Party B):
In accordance with the Contract Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, and relevant laws and regulations, the Contract is signed by both parties through consultation.
In order to concretize this contract, please tick "√" before the items selected in the relevant clauses of this contract and its annexes, and please cross the unselected items. If necessary, pictures can be attached to each item of this contract.
Article 1 Time and place of delivery
The wedding was held on.
The wedding was held atNo. 1 in the downtown lane.
Article 2 Service items and remuneration
The total service remuneration is RMB (in words), of which the breakdown (see Annex for details) and the corresponding remuneration are as follows:
□ Wedding Car Use Yuan (in words)
□ Beauty Service Yuan (in words)
□ Documentary Photography Yuan (in words)
□ Documentary photography elements (in words)
□ Other services (in words)
Article 3 Time limit for payment of service remuneration
In the first stage, Party A shall pay% of the total service remuneration, namely RMB, within days from the date of signing this contract;
Pay yuan before the second phase;
Pay RMB before the third installment.
Article 4 Service principle
Party B shall strictly abide by this contract and complete all service items safely, effectively, with good quality and quantity.
Article 5 Party A's liability for breach of contract
If Party A explicitly indicates or indicates by its own behavior that it will not pay the initial service remuneration, Party B may unilaterally terminate the contract and require Party A to pay a penalty of% of the total service remuneration.
If Party A delays the payment of service remuneration, Party B may demand that it be paid within days, and demand that Party A pay liquidated damages at the rate of/day of unpaid amount. If Party A fails to pay after the expiration of the notice period, Party B may unilaterally terminate the contract and demand Party A to pay liquidated damages.
Article 6 Party B's liability for breach of contract
If Party B clearly indicates or indicates by its own behavior that it will not provide services, Party A has the right to require Party B to take remedial measures, continue to perform or unilaterally terminate the contract, and require Party B to bear the liability for breach of contract and pay liquidated damages. When Party A exercises the right of unilateral rescission, it has the right to ask Party B to refund all the money received.
If Party B fails to provide sectional engineering services, Party A has the right to unilaterally terminate the sectional engineering service agreement, and require Party B to bear the liability for breach of contract and pay liquidated damages, and at the same time require Party B to refund all the money received.
If Party B delays the provision of services, Party A has the right to require Party B to pay the liquidated damages for the services at the rate of RMB/hour.
If the services provided by Party B do not meet the agreed requirements, Party A has the right to require Party B to pay a penalty of% of the service remuneration.
Article 7 Assignment of contractual rights and obligations
If Party B fails to perform this contract, with the consent of Party A, all or part of Party B's rights and obligations in this contract can be transferred to a third party ... If the transfer causes losses to Party A, Party B shall be responsible for compensation.
Article 8 dispute settlement methods
Disputes arising from this contract can be settled through consultation, or they can apply to relevant industry associations or consumer protection committees for mediation.
If the parties are unwilling to negotiate or mediate, or negotiation or mediation fails, the following methods shall be adopted (this method also applies to the assignee of contractual rights and obligations):
1. Apply to Shanghai Arbitration Commission for arbitration;
2. Bring a lawsuit to the people's court.
Article 9 the contract comes into effect
The annexes, supplementary agreements and change agreements of this contract shall come into effect as of the date of signature or seal by both parties; If one party exercises the right of unilateral rescission, it shall notify the other party in writing, and the notice shall take effect as of the date it is served on the other party.
Article 10 Annex to the Contract
The following annexes correspond to the provisions of Article 2:
□ Annex I: Agreement on the Use of Wedding Cars
□ Annex II: Beauty Service Agreement
□ Annex III: Photographic Service Agreement
□ Annex IV: Camera Service Agreement
□ Annex V: Other Service Agreements
The annexes to this contract shall be signed by both parties and indicate the specific date of signing. If otherwise agreed by both parties, the contents shall include the contents of the above-mentioned contract annexes.
If the contents agreed by both parties in this contract are inconsistent with those in the above annexes, the annexes shall prevail; After the signing of this contract, if the agreement signed by both parties is inconsistent with this contract, the agreement signed separately shall prevail.
This contract is made in duplicate, one for each party.
Party A (signature):
Domicile:
Contact address:
Contact telephone number:
Postal code:
Date: Year Month Day
Party B (signature and seal):
Legal representative/person in charge (signature):
Business license number:
Domicile (address):
Contact address:
Contact telephone number:
Postal code:
Date: Year Month Day
[attachment]
Interpretation of Shanghai Wedding Celebration Service Contract
1. From the service object, the wedding service industry has a wide range of sociality.
As a mass consumption, wedding involves thousands of households, is closely related to the interests of the people and has a wide social impact. The level of wedding service is an important symbol to measure people's quality of life.
Standardizing the wedding industry and prospering the wedding market are of great significance for safeguarding the vital interests of the people, improving their quality of life and beautifying their life culture.
2. From the perspective of market players, most enterprises are private enterprises.
Judging from the present situation of the wedding industry in Shanghai, private enterprises account for 90% of the employees. Shanghai Wedding Industry Association, which aims to rectify the industry, re-establish new fashion in the industry, stimulate the vitality of the industry and promote the healthy development of the wedding industry, has formulated the first "Trial Text of Shanghai Wedding Celebration Service Contract" in China according to the Law on the Protection of Consumers' Rights and Interests in People's Republic of China (PRC) and the Contract Law of People's Republic of China (PRC). After more than one year's trial, on June 5438+ 10, 2006, the Contract Office of the United City Administration for Industry and Commerce and the Consumer Protection Committee formally revised the contract. The revised contract text will be more perfect, and it will be officially launched to the whole city with the "Shanghai Wedding Celebration Service Model Text", which fills the gap in the wedding industry contract model text. The contract clearly stipulates the rights and obligations of both parties, the liability for breach of contract and the dispute settlement method.
1. The contract is based on the specific agreement between the client and the operator, and all the contents of the contract are performed according to the agreement, such as: agreeing on the service level (that is, technical level requirements) of the service personnel provided to the client, and specifying the specific candidates of the service personnel (consumers can choose the service personnel by knowing whether the service personnel meet their own needs through various channels, such as the list of wedding service personnel, grades, credit grades, etc. on the website of the association); In addition, you can put forward service requirements (such as service equipment requirements and consumables agreement, etc.). ) and choose the service that suits you through the needs of the whole process, so that the content of each service is more clear.
2. Compared with the previous wedding company orders, it really changed from "formatting" to "rationalization" and "fairness". The format rules are set in advance and cannot be changed, and they are only beneficial to businesses. Consumers often encounter the "overlord clause". The standardized "contract" model really protects the rights and interests of both parties, and it is strictly binding on both parties. The specific details such as the service price involved should be filled in by hand. It is the most effective way to ensure the quality of the wedding and the most fundamental way to safeguard the rights and interests of the new couple.
3. Another feature of this contract is that the service acceptance list of the contract is added, so that all services on the wedding day can be accepted according to the provisions of the contract, so as to ensure the timely feedback of each service, better restrain the service level and quality of each service staff, distinguish responsibilities and better urge the service quality of this industry to continuously improve.
Another highlight of this contract is that it conforms to the variability of the wedding. There are no two identical leaves in the world, and no two weddings are exactly the same. Wedding services are often booked 3-6 months ago, which indirectly becomes an increase in variables after a long time. Therefore, this contract is very user-friendly, and the service change agreement and supplementary agreement are added, which increases the practicality and functionality of this contract.
5. The structural features of this contract are more professional and complete. For example, this contract stipulates nearly 20 wedding services in the form of attachments, which not only expands the coverage of the contract, but also adapts to the development requirements of the market.
6. The biggest highlight of this contract is the separation of photography, video recording, wedding car and makeup. Summarize the matters that are prone to disputes in wedding activities into several specific annexes, and make detailed agreements on each service content, such as the agreement on the use of the most controversial wedding car, the detailed explanation of the brand, model, color and quantity of the wedding car required by consumers, the situation and use time and distance of the spare car, and other expenses except its liability for breach of contract and accident.
Summary:
With the continuous improvement of people's living standards, wedding consumption has gradually become a mass consumption, so that it is manifested as an economic phenomenon, and as an economic phenomenon, it must follow economic laws. In 2006, the sixth year of China's entry into WTO, the market gradually transformed into internationalization. Many preferential policies for domestic enterprises will be gradually revoked. How to face, grasp and deal with challenges and opportunities is the most important work of China's trade associations in the near future.
Looking at the whole wedding market, the demand for wedding services in China is also growing at a high speed, and the related service industries are in a stage of vigorous development. However, due to the short development time of this industry, the degree of specialization of industry services is not perfect, and there are inevitably loopholes that need to be solved urgently. The related wedding industry abroad has developed for a long time, in which relatively perfect rules have been formed through competition. We can absorb it selectively and dialectically.
As an association of this industry, our main responsibility is to keep abreast of the development of the industry; Absorb advanced experience at home and abroad (for example, participate in technical exchanges between the same industry to learn from each other's strengths); Standardizing industry behavior (such as the model contract text led by members of the industry association) not only protects the rights and interests of consumers, but also protects the legitimate rights and interests of businesses; And supervise the development of the industry; Solve the problems in the development of the industry and make the whole industry develop healthily and stably.
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