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Modele de document et de lettre : Contrat de franchise

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Franchise Agreement
Between:

1) [FORME JURIDIQUE DE LA SOCIETE] the registered office of which is [ADRESSE SIEGE SOCIAL] (otherwise called the “Franchiser”, “We”, “Ourselves, “Us”),
And
2) [FORME JURIDIQUE DE LA SOCIETE] the registered office of which is [ADRESSE SIEGE SOCIAL] (otherwise referred to as the “Franchisee”, “You”, or “Yourself”),

Whereas:

A) We have developed the [TECHNIQUES ET METHODES SAVOIR FAIRE] concept and have established reputation and distinctive image with the public for the [FRANCHISES]

B) We are the proprietors of the marks that are known as representing high standards of [NOM MARQUE]

C) We wish to expand our franchised network and are therefore willing to grant to you the rights set out herein to enable you to operate a [NATURE ENGAGEMENTS]
[type of business] on the Premises.
D) You desire the right during the continuance of this Agreement to operate a [NATURE ENGAGEMENTS] [type of business] in [LIEU ETABLISSEMENT]

E) You will enter into a lease in respect of the Premises.

F) You acknowledge that you alone will carry the risk of operating Your “[STEFRANCH]”.
(G) You acknowledge that you have taken full legal and financial advice on this Agreement prior to its execution.

Whereby it is agreed as follows:

Definitions
The following expressions that are frequently used in this Agreement shall have the meanings attributed to them below. Other less frequently used expressions are defined in the body of this Agreement.
Equipment detailed in appendix ____
Franchise Fee detailed in appendix ____
Initial Package detailed in appendix ____
Initial Training detailed in appendix ____
Know-How detailed in appendix ____
Lease detailed in appendix ____
Management Fee detailed in appendix ____
Manual detailed in appendix ____
Marks detailed in appendix ____
Menu detailed in appendix ____
Premises detailed in appendix ____
Promotion and Advertising Fee detailed in appendix ____
Service Fee detailed in appendix ____
Article 1 - Object
We grant to you during the term and subject to the terms and conditions hereof the rights to carry on [type of business] on the Premises and use the Marks “[STEFRANCH]” in accordance with this Agreement.
Article 2 - Exclusivity Radius
During the currency of the Agreement, the Franchiser shall not grant any franchise and shall not settle itself within the radius here after defined [LIEU ETABLISSEMENT].

Article 3 - Marks
The Franchiser authorizes the Franchisee, during the currency within the radius granted to use the Marks solely for the operation of The Franchisee’s [type of business] so long as this Agreement subsists and any such usage will be in accordance with the reasonable directions.
If the Franchisee becomes aware of any infringement of the Marks by any other Party trading with Marks similar or identical to the Marks, he shall immediately notify the Franchiser thereof in writing but will take no other action against the infringer save as to assist Us in any action the Franchiser may take.
Article 4 - Term and Renewal
This Agreement is made for a term of three years. It shall take effect on [DATE DEBUT CONTRAT] and will end on [DATE FIN CONTRAT].
This contract will be extended by tacit Agreement from year to year at the end of the initial three (3) years period or at the end of any one of the one-year extension periods by giving six months notice to the other Party by registered letter, return receipt requested.
The Parties to the present Agreement agree to meet eight months prior to the expiration of the present contract, or as the case may be, eight months prior to the annual extensions, if any, in order to establish by mutual Agreement the minimum purchase requirements of the products to be applicable for each of the three years for which the present contract shall be extended, if any.
Article 5 – Premises
The Franchisee shall hold a lease the terms of which shall have first been agreed in writing by the Franchiser
Article 6 – Equipment Fixture and Fitting
The Franchiser will provide the Franchisee with the equipment and other materials necessary for the start-up of [MATERIEL ET INSTALLATIONS] set out in Appendix 1.
Article 7 – Assistance to the Franchisee
The Franchiser shall be responsible solely for the recruitment of employees.
The Franchiser during the currency of the contract shall assist the Franchisee in providing regular and compulsory training in connection with management and accounting.
All the training should be charged by the Franchiser.
The Franchiser shall advise the Franchisee in relation to advertising and public relations.
The Franchiser shall assist the Franchisee with reasonable information and implementing any changes to the system and the décor or layout of the premises.
Article 8 – The Franchisee Financial Obligations
The Franchisee shall pay to the Franchiser without deduction or set-off the following sums:
a) Immediately upon signing this Agreement the Franchise Fee;
b) Immediately on signing this Agreement the fee for the initial package set out in appendix [MONTANT PRIX CESSION EN CHIFFRES].
c) The Service Fee which shall become due and payable within three (3) working days of the end of each calendar month by direct debit.
d) The Advertising and Promotion Fee which shall become due and payable within three (3) working days of the end of each calendar month by direct debit [save that for the first six (6) months of this Agreement no Advertising and Promotion Fee shall be payable (this concession shall only be applicable to the first franchise Agreement you enter into with us and not to any Renewal Agreement)].
e) Within thirty (30) days of the date of an invoice presented to You by Us the cost of any products or services from time to time provided to You including but not limited to advertising, promotional aids such as leaflets and other goods or services supplied to You by Us during the invoice period.
f) Our legal costs in respect of the signing of this Agreement.
Article 9 – Franchisee Obligations to Third Parties
The Franchisee shall not use the know-how for any purpose other than exploitation of the
[NUMERO D' ANNEXE],
and not to disclose the know-how to third Parties.
Article 10 – Compliance with Regulations, etc.
The contract shall at all times comply with all relevant British, European and other health and safety standards or regulations relating to the storage preparation and storing of food stuffs and all statutory and other legal requirements and regulations of local authorities and other bodies.
Article 11 – Confidentiality and Undertakings
The Franchisee shall not divulge or communicate to any person (other than those whose province it is to know the same or upon our instructions or with our approval), nor any of our trade secrets or other confidential information which the Franchisee may have received or obtained during the terms of this Agreement or any renewal.
Article 12 – Diligence
The Franchisee shall use its best endeavors and maintain the highest standards in all matters connected with the [GESTCOMPORT] business.
Article 13 – Force Majeure
This Agreement shall be suspended during the period and to the extent of such period that We reasonably believe either of Us are prevented or hindered from complying with its obligations under any part of this Agreement, by any cause beyond your or our reasonable control (as the case may be) including but not restricted to strikes, war, fuel shortage, civil disorder, and natural disasters.
If such period of suspension exceeds one hundred and eighty (180) days, then We shall upon giving written notice to You, be able to require that:
a)                         All money due to us shall be paid immediately
And
b) You shall immediately cease trading, until further notice from Us.
Article 14 – Obligation To Promote a Minimum Turnover
The Franchisee shall transmit not less than [CA MINI A REALISER] orders during any period of [DATE DES TERMES].
If the Agent fails so to do so, the Franchiser shall be entitled to terminate the contract by registered letter at the end of the current calendar [year/ half year/ quarter/ month], subject to giving prior notice of [DATE DES TERMES] months, weeks.
Article 15 – Termination
The Franchiser shall be entitled to terminate this Agreement by registered letter, return receipt requested, immediately and without notice if:
a) The Franchisee does not perform any one of the obligations under this Agreement.
b) The Franchisee fails to make the minimum annual purchases established by article 9.
On termination of this Agreement the Franchiser shall immediately return to the manufacturer all catalogues, price lists, tariffs documents or products belonging to the Franchiser then in its possession.
Article 16 – Choice of Law and Jurisdiction
This Agreement shall be governed by and construed according to English law by the English courts.

This Agreement is made this[VILLE SIGNATURE DU CONTRAT] of [JOUR/MOIS SIGNATURE DU CONTRAT] in 6 (six) copies.


The Franchiser                                The Franchisee
[FRANCHISEUR]                                [FRANCHISE]

Informations

Ce document en anglais vous permez d'effectuer un contrat de franchise

Informations complémentaires

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