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On Stamp Paper as per State Stamp Act
FRANCHISE AGREEMENT
This Franchise Agreement
is made at {Enter City,
State} and
effective this 1st Day of January,
2016
BETWEEN: …………………………………
Ltd.
(the "Franchiser"), a Private
Limited Company/Partnership Firm registered in India having its
registered office at: …………………………………
, India.
Ø the Party to the First part
AND: M/s..…………………………………………… (the "Franchise")
a Private Limited
Company/Partnership Firm registered in India having its registered
office at: …………………………………
, India.
Ø the Party to the Second part
(Collectively referred to as ‘’Parties’’)
Both
parties as above have expressed a desire of entering in to a franchise arrangement
to meet their respective objectives, which are set out here in below,
a) "Franchiser"
is engaged in the business of Restaurants and is interested in furthering this business
through “Franchise” outlets on national basis maintaining a uniform standard
facilities and services including uniformity in the charges levied from the
customers for rendering the specified services.
b) “Franchise”
on his part is interested in entering into the business of operating as a
service provider through their cyber cafe outlet and thus carrying out the business of providing services to the
customers.
c) "Franchiser"
is desirous of appointing “Franchise” to conduct, manage and operate the
services through the “Franchise” as per the uniform norms set up by "Franchiser"
in respect of nature of services and cost of services to the customer.
d) “Franchise”
is desirous of taking over the services offered by "Franchiser" for
the purpose of its operations and management to carry out business on the terms
and conductions contained herein.
e) The
purpose of this Agreement is to set forth the terms and conditions under which
the parties to the Agreement shall conduct themselves during the substances of
Agreement.
NOW,
THEREFORE, the parties, in considerations of the convents, undertakings and
commitments set forth therein here by mutually agree as follows,
Section 1: Definitions and
Interpretations:
For
the purpose of this agreement, the following expressions shall bear the respective
meaning set forth below:
Details of Business Activities for the products/services
to be provided
Section 2: Grant of the
Franchise:
- The “Franchise” warrants and represents
to "Franchiser" that it is a company / firm, validly existing and a good
standing under the laws
of Republic of India and has all requisite power and authority to
enter into this agreement with "Franchiser". All the obligations
of the “Franchise” under this agreement are legal, valid and binding
obligations enforceable in accordance with its terms. There are no
proceedings pending against the franchise, which may have an advice effect
on the ability of the franchise to perform and meet its obligations under
this agreement.
- On consideration of the “Franchise’s”
applications and relying on such assurances and representations that
“Franchise” has made to "Franchiser" , "Franchiser" appoints
the “Franchise” as a franchise on the terms and conditions set forth in
this agreement.
- There is no product and/or service
and/or territorial exclusivity granted to the “Franchise” as part of this
Agreement by ……………………
may give such right or a similar right to persons other than “Franchise”
to sell ………………….
products and services anywhere including geographic area surrounding the
premises.
Section 3: Services, Terms
& conditions:
1. “Franchise”
would provide their entire range of services by own or through the service
providers which includes online ads, offline ads, value added services and
premium services to the “Franchise”.
2. “Franchise”
will act as a single point e-hub
for all the services provided by “Franchise” falling within the purview of this agreement.
3.
The entire business being on pre-payment basis, “Franchiser” will supply
all the services based upon requests from “Franchise” up to limits available for
“Franchise”. Such limits will be equivalent to the funds available from “Franchise”
with “Franchiser” at any point in time and will keep reducing with every
transaction corresponding to the value of transaction. “Franchiser” will
enhance the limit of Franchisee by amounts received by it from “Franchise” from
time to time.
4.
“Franchiser” will publish commission structure and earning of the
”Franchise” from time to time in the web site ..................................... The details
of all transactions done by “Franchise” will be available on the web, login ID and
password of which will be provided to “Franchise” by “Franchiser”. “Franchise”
will keep enough funds with “Franchiser” so as to cater all transactions to
provide services to the customers.
5. All the services falling within the purview
of this agreement will be made to “Franchise” based upon standard conditions of
sales as set by “Franchiser” for all its “Franchise” outlets from time to time.
Such conditions will generally be in line with conditions that are placed upon “Franchiser”
by various service providers
and also as a result of business decisions, legal and contractual requirements.
6.
”Franchise” will keep providing the services within the purview of this
agreement through their outlets exclusive with “Franchiser”. “Franchise” will
not enter into direct agreements with any other services providers,
aggregators, distributors or any similar entity in India for this purpose, for
the duration of this agreement.
7.
The Intellectual Property rights including the concept of delivery of
services will rest with “Franchiser” or its suppliers or service providers.
8.
“Franchiser” and “Franchise” shall conduct
their business at all times,
in accordance with the applicable statutes, regulations, notification etc., Issued
by the Government or any other statutory authority.
Section
4: Confidentiality:
1. “Franchise”
shall keep all information of confidential nature received from the “Franchiser”
in whatever form as strictly confidential and shall not disclose it to third
Parties without the prior written consent of “Franchiser” during the term of
this Agreement.
2. “Franchise”
agrees not to disclose revenue Information to any third party apart from
Government Authorities without “Franchiser” prior written consent.
Section
5: Limitation of liability:
The
Parties shall not be liable for any incidental, special, indirect or
consequential damages arising out of or relating to this Agreement.
Section
6: Terms:
This
Agreement comes into force on the date of signing this Agreement and shall
continue for one (1) year after this date. This agreement may be extended on
the mutual agreement of both parties, unless earlier terminated in accordance
with the agreement by paying renewal fee to “Franchiser” by “Franchise”.
Section
7: Termination:
1. This agreement may be terminated by either
party at any time, without assigning any reason by giving prior written notice
of ninety (90) days.
2. “Franchiser”
shall be entitled to terminate this agreement, with immediate effect upon
happening of one or more of following:
a) Any
breach or violation of any of the terms and conditions of this agreement by the
“Franchise”, if within seven
(7) days of written notice from “Franchiser” of the breach or violation,
such breach or violation is not cured, provided that no cure period shall be
applicable for the violation of any applicable law.
b) Failure of the “Franchise” to provide the services
to the customers as per the expectations of “Franchiser”.
Section
8: Applicable Law:
This
agreement will be governed by the laws of India.
Section
9: Dispute Resolution and Jurisdiction:
1. Any dispute,
controversy or claims arising out of or relating to this Agreement or the
breach, termination or invalidity thereof, shall be settled by arbitration in
accordance with the provisions of the [Indian] Arbitration and Conciliation
Act, 1996.
2. The arbitral tribunal shall be composed of three
arbitrators, one arbitrator appointed by ...................................., a second
arbitrator appointed by “Franchise” and a third arbitrator to be appointed by
such arbitrators.
3. The place of
arbitration shall be at ………………
and any award whether interim or final, shall be made, and shall be deemed for
all purposes between the Parties to be made in ……………………..
4. The arbitral
procedure shall be conducted in the English language and any award or awards shall be rendered in English. The procedural
law of the arbitration shall be Indian law.
5. The award of
the arbitral tribunal shall be final, conclusive and binding upon the Parties,
and the provisions of the [Indian] Arbitration and Conciliation Act, 1996 shall
apply.
6. The rights
and obligations of the Parties under, or pursuant to, this Clause, including
the arbitration agreement in this Clause, shall be governed by and be subject
to Indian law, and the agreement shall be subject to the exclusive jurisdiction
of the Courts at Mumbai.
This Agreement has been executed on the date set forth
herein in two (2) copies of which the Parties have taken one each.
For Franchisor, For
Franchisee,
{Enter M/s. FULL COMPANY NAME} Enter M/s. FULL COMPANY NAME}
__________________ __________________
………………………………… …………………………………
Managing Director/Director/CEO ManagingDirector/Director/CEO
/Partner/Proprietor Partner/Proprietor
Witness:-
____________________________ _________________________
1) …………………………………..… 2)……………………………..….
S/o Mr. …………………………..….. S/o
Mr. ..…………….…………..
Age: Age:
Add: Add:
Occ: Occ:
Place: -------------------------------
Date: DD/MM/YYYY
Company Secretary GAURAV SHARMA+919990694230 Connect on Watts App with Gaurav Email us [email protected] Submit your guest articles for our website click here we will publish it Subscribe our Email updates like other 100,000 Members, Free/Easy/Comfortableway
