Does the investment in tourism resources belong to the bidding scope of franchise?

The bidding scope of franchise right is as follows:

Commercial franchising refers to the business activities in which an enterprise (franchisor) with registered trademarks, enterprise logos, patents, proprietary technologies and other business resources licenses its business resources to other operators (franchisees) in the form of contracts, and the franchisees operate under a unified business model according to the contracts and pay franchise fees to the franchisees.

Through the establishment of franchise relationship, the franchisee can rapidly expand its business scale and brand influence at a lower cost, and the franchisee can quickly enter the market and carry out business smoothly with the help of the franchisee's mature business resources and management support. It is precisely because of the great advantages of this model that franchising has developed rapidly in China, although it started late. Franchise contract is an important legal basis for franchisor and franchisee to create rights and obligations for themselves and form franchise business relationship. In the trial practice, the determination of the nature of the franchise contract is mainly based on whether the contract content reflects the basic characteristics of franchising, regardless of the specific contract name, and judicial review is mainly carried out from the following aspects:

1. Does the franchisor have registered trademarks, corporate logos, patents, shop names, trade secrets, an overall business image with a unique style, and unregistered trademarks that have been used in advance and have certain influence, which can form a certain market competitive advantage?

2. Whether the franchisee uses the franchisor's business resources under a specific business model according to the franchisor's authorization. Franchisees need to operate in their own names under the franchisor's business model. For the smooth operation of franchisees and the maintenance of their brand value, franchisees need to guide and manage franchisees.

3. Whether the franchisee pays the franchise fee to the franchisor as agreed. The franchise fee can be embodied in the franchise fee, security deposit and management fee, and can also be agreed in the form of rebate and profit commission, which can be paid in one lump sum or in installments.