FRANCHISEE AGREEMENT

 

THIS AGREEMENT is made and executed at __________________(Name of Place)on this __________________________BETWEEN._______________________________, a Company having its  Registered Office at________________________

Presently heaving..._____________________________ as its Directors (hereinafter called “THE FRANCHISOR”) of the ONE PART AND

(1) ___________________________________

(2) ______________________________________and

(3)___________ having their office at _________________________ (hereinafter called “THE FRANCHISEE” ) of the Other Part;

WHEREAS the Franchisor is engaged in the business of  _______________________________.

 

APPOINTMENT AND GRANT OF LICENCE:.

 

The Franchisee hereby grants licence to the Franchisor and the Franchisor hereby accepts such licence to operate the Franchise business in the said premises in the manner mentioned herein & under supervision & control of the Franchisee.

 

The Franchisee shall place or permit to be placed on the said premises a sign board which would indicate clearly the name of the Franchisor and/or it’s branch name, trade mark so as to enable general Public to know that the business carried on from the said premises is of the said Franchisor but on Franchise basis with the Franchisee and shall also permit all letterheads, bills, invoices and all other documents and literature used in connection with the Franchise Business to be printed and used but the Franchisor shall eminently show on sign board as well as such stationary the name of the Franchisee to indicate the said business is carried on under Franchise arrangement with the Franchisee. The Franchisor and the Franchisee admit, confirm and declare that the design of sign board.

 

 

 

 

COMMENCEMENT AND TERMS

 

This Agreement shall be deemed to have commenced from ______________or at the end of the period of three months from the date hereof i.e. from ________________ and may continue to remain in force for a period of ____________ months only, unless and until determined in accordance with the terms hereof.

PAYMENT ARRANGEMENT BY THE FRANCHISOR TO THE FRANCHISEE:

 

The Franchisor shall arrange to open an account with the Bank for the purpose of depositing the daily proceeds of the Sales reailsation and/or fees received.

The Franchisor shall make payment to the Franchisee for the period of first six months from _____________________every month in advance on or before the 10th day of the

current month__________________[amount] per month by way of reimbursement towards the wear and tear/depreciation of the furniture, fixtures, computers and their accessories, cabins etc., being and lying in the said premises and permitted to be used by the Franchisee to the Franchisor for the said business at the said premises, and the actual amounts payable towards reimbursement of the electricity charges, telephone charges, rental of the said premises and the insurance premium and the time and effort which the Franchisee shall devote at the said premises in connection with the said franchise business

For the purpose of ensuring the gross receipt it is agreed that the nominee of the franchisee will receive the payment to be made in respect of Franchiser’s business.

In the event of any default by the Franchisor in making payment of the monthly amounts referred to above, on their respective due date and such payment remaining outstanding for a period of 15 days, the Franchisee shall be entitled to terminate this Franchisee Agreement and prevent the Franchisor and its servants, agents, representatives etc., from entering into the said premises.

Provided further that till the Franchiser remove themselves from the premises of the Franchisee the Franchisor will be liable to pay double the minimum payments till the premises are cleared.

 

INSURANCE

 

The Franchisor __________________________at the said premises and the actual amounts payable towards reimbursement of the electricity charges, telephone charges, rental of the said premises and the insurance premium.

For the purpose of ensuring the gross receipt it is agreed that the nominee of the Franchisee will receive the payment to be made in respect of Franchisers business.

Provided further that till the Franchiser remove themselves from the premises of the Franchisee, the Franchiser will be liable to pay double the minimum payments till the premises are cleared.

 

EFFECT OF TERMINATION

 

The Franchisor shall at the end of the agreed period and/or termination of this agreement for any reason whatsoever remove themselves from the said premises along with their belongings.

 

PREMISES

 

It is clearly agreed and understood that the Franchisee has not created any right, title and/or interest in favour of the franchisor or any of its directors, agents, servants, employees in connection with the said premises or any part or portion thereof.

 

The Franchisor shall not be entitled to and the Franchisee shall be under no obligation to make any addition and/or alteration of any nature in the said premises and the Franchisor covenants with the Franchisee that without obtaining permission in writing of the Franchisee, they shall not make any addition or alteration of any nature whatsoever or any structural addition or alteration in the said premises.

 

 

TRADE MARK

 

The Franchisee acknowledges that goodwill and the rights in the trade marks if any, vest in the Franchisor and should the Franchisee acquire any right, goodwill as a result of use of the said trade marks either in accordance with this agreement, or otherwise howsoever, the Franchisee shall assign such rights to the Franchisor who are the Proprietors/owners of the trade marks, without any payment but at the costs of the Franchisor upon the expiration or termination of this Agreement.

 

 

SALE OF BUSINESS

 

The Franchisee shall have no right to transfer the franchise without the Franchisor’s consent.

 

TERMINATION

 

In the event of any partner of the Franchisee or the Franchisor itself becoming Insolvent, this Agreement shall stand determined/terminated. However the death or insanity of any one partner of the Franchisee shall not have the effect of terminating this Agreement.

 

If any of the Directors of the Franchisor are adjudicated insolvent, or become insane or more found guilty of moral turpitude or any two of the present Directors of the Franchisor, resign or for any reason cease to be the Director or the Franchisor is ordered to be wound up, this Agreement shall stand terminated without any further reference or recourse.

 

If the Franchisor commits any breach in payment of the monthly amounts provided herein or commits any incurable breach of a material provision of this Agreement, this Agreement shall stand terminated without any further reference or recourse.

 

If the Franchisor fails to remedy a breach complained of within a specified time, this Agreement shall stand terminated without any further reference or recourse.

 

If the Franchisor commits repeated breach of any of the provisions of the Agreement and/or breach of any of the provisions of Municipal Law and/or law relating, this Agreement shall stand terminated without any further reference or recourse. The Franchisor shall at the end of the agreed period and/or termination of this agreement for any reason whatsoever remove themselves from the said premises along with their belongings

LIABILITY:

The Franchisee shall not be liable for any damages or claim arising in contract or any claim from the Customer/client/patient/patron or by the third party arising out of the use of the availment of service provided or any other services provided or sale made or omission in connection therewith by the Franchisor and/or it’s agents, employees, licensees or customers in connection with the franchise business carried on from the said premises. The Franchisor agrees and undertakes to indemnify and keep indemnified the Franchisee and it’s partners in connection therewith for all times to come. The Franchisor shall indemnify and keep indemnified the Franchisee and it’s partners for all times to come in connection therewith.

 

FORCE MAJEURE:

 

None of the parties to this Agreement shall be responsible to any other party for any delay in performance or non-performance due to Force Majeure, but the affected party shall promptly upon the occurrence of any such event, inform the other party in writing, stating that such cause has delayed or prevented it’s performance hereunder and thereafter such party shall take all action within its power to comply with the terms of this Agreement as fully, effectually and promptly as possible.

 

 WAIVER

The failure of any party at any time to enforce any of the provisions of this Agreement or to exercise any right under this Agreement shall in no way affect such party’s right or constitute any waiver of such right, unless such party waives such right expressly in writing.

 

CONTINUING PROVISIONS

 

The termination of this Agreement (for whatsoever reason) shall not terminate any provision which is expressly or by implication provided to come into or continue in force after such termination and shall be without prejudice to the accrued rights and liabilities and other remedies of the parties to this Agreement.

 

SEVERABILITY

 

If any clause or paragraph of this Agreement is held invalid or is otherwise rendered unenforceable, the remainder of the Agreement shall not also be invalidated or rendered unenforceable, unless in the reasonable opinion of the Franchisee, the purposed of this Agreement is frustrated as a result thereof.

 

MODIFICATION

 

No modification, alteration or waiver of any of the provisions of this Agreement shall be effective unless evidenced in writing and signed by or on behalf of the parties hereto.

 

 AGREEMENT IN DUPLICATE

 

The Agreement is made and executed in duplicate, the original whereof shall be retained by the Franchisee and the duplicate by the Franchisor.

 

TESTIMONIUM

           

IN WITNESS whereof the parties hereto have hereunto set their respective hands on the day, month and the year hereinabove written.

 

Execution

 

Signed and delivered                                      Signed and delivered

by the Board of Directors of                          by the Partners on behalf of

the Franchisor                                                 the Franchisee

 

WITNESS

In the presence of

 

Witness:

 

1. Signature ....................................    1. Signature ................................

 Name ........................................         Name......................................

 Address ....................................         Address ..................................

 

2. Signature ..................................      2. Signature ................................

 Name ......................................                       Name......................................

 Address ..................................                       Address ..................................

 

 

            Dated this _______________________________

                                                           

                                                            BETWEEN

                                                                                    ………..… THE FRANCHISOR

 

                                                            AND

                                               

                                                                                    ……… … THE FRANCHISEE

                                                                                                FRANCHISE AGREEMENT