Franchising Agreement
GMOWIN GmbH Franchising Agreement
1. Parties
This Franchising Agreement ("Agreement") is made between the following parties:
GMOWIN GmbH ("Franchisor", "We") is a company incorporated and operating under the laws of Germany, with its registered office in Bussardweg 14
Located at 87439 Kempten Germany.
Franchisee ("You", "Franchisee") is a natural/legal person residing at [Franchisee's Name], [Address] and wishing to participate in the franchising system of GMOWIN GmbH with this Agreement.
2. Subject of the Contract
This Agreement gives the Franchisee the right to establish and manage his own business using the brand, business model and systems of GMOWIN GmbH. Franchisee agrees to comply with the conditions established under this Agreement.
3. License and Right of Use
License: The Franchisor grants the Franchisee a license to use the GMOWIN GmbH brand, trade names, logos, patents and other commercial assets.
Term: This Agreement shall be valid for [duration] years and may be extended for another [period] years by mutual agreement.
Region: The franchisee will operate in [region or city] and will be the sole authorized representative of GMOWIN GmbH in this region.
4. Franchise Fees
Initial Fee: Franchisee will pay a one-time initial fee of [Initial Fee Amount] at the beginning of the Agreement.
Royalty Fee: Franchisee will pay a royalty fee of [Royalty Fee Percentage]% on a monthly/quarterly/annual basis. This fee will be based on the Franchisee's total gross revenue.
Advertising Fund: The Franchisee will pay a contribution of [Advertising Fund Contribution] to support the advertising and marketing activities of GMOWIN GmbH.
5. Franchisor's Rights and Obligations
Support and Training: Franchisor will provide training, support and consultancy to the Franchisee regarding the start-up and management of the business.
Supply: The Franchisor will supply the Franchisee with products and services at the standards set by GMOWIN GmbH.
Trademark Protection: Franchisor will take the necessary legal measures to protect the GMOWIN brand and commercial assets.
6. Franchisee's Rights and Obligations
Business Management: The Franchisee will manage the business in accordance with GMOWIN GmbH's business model and follow the standards and guidelines set by the Franchisor.
Financial Reporting: The Franchisee will periodically submit financial reports to the Franchisor and transparently declare its financial situation.
Confidentiality: Franchisee will protect Franchisor's trade secrets and confidential information and will not share this information with third parties.
Advertising and Marketing: The Franchisee will operate in accordance with the advertising and marketing strategies determined by the Franchisor and will be able to carry out local advertising activities.
7. Inspection and Quality Control
Audit: The Franchisor has the right to audit the Franchisee's business. These audits will be carried out to evaluate compliance with the business model, financial reporting and service quality.
Quality Control: The franchisee must comply with the standards and quality control procedures of GMOWIN GmbH. In case of any deviation or violation, the Franchisor may take the necessary corrective measures.
8. Termination of Contract
Termination: This Agreement may terminate in the following cases:
Termination by mutual agreement.
Bankruptcy or insolvency of the franchisee.
Franchisee violates the terms of the Agreement.
[A specific reason may be added, e.g. ethical violations, damage to brand reputation, etc.]
Consequences: In case of termination of the agreement, the Franchisee will stop using the GMOWIN brand and return all business assets to the Franchisor.
9. Dispute Resolution
Arbitration: Any dispute arising from this Agreement shall be submitted to arbitration to be resolved in accordance with the arbitration rules of Germany [city].
Court: If the arbitration process is unsuccessful, the parties shall have the right to file a lawsuit in the [city] courts of Germany.
10. Applicable Law
This Agreement is governed by and will be construed in accordance with the laws of Germany. In case of any legal dispute, German courts will have jurisdiction.
11. Changes and Updates
This Agreement may not be modified without the written consent of the parties. Any amendments or additions may come into force by mutual agreement of the parties.
12. Annexes and Other Provisions
Attachments: All documents annexed to this Agreement are considered an integral part of this Agreement.
Independence: If any provision of this Agreement shall be invalid or unenforceable, the validity and enforceability of the other provisions shall not be affected.
Complete Agreement: This Agreement represents the complete agreement between the parties and supersedes all prior written or oral agreements.
13. Signature
This Agreement was signed by the parties on [Date].
GMOWIN GmbH
Signature: ___________________________
First Name: ___________________________
Title: ___________________________
History: ___________________________
franchisee
Signature: ___________________________
First Name: ___________________________
Title:
1. Parties
This Franchising Agreement ("Agreement") is made between the following parties:
GMOWIN GmbH ("Franchisor", "We") is a company incorporated and operating under the laws of Germany, with its registered office in Bussardweg 14
Located at 87439 Kempten Germany.
Franchisee ("You", "Franchisee") is a natural/legal person residing at [Franchisee's Name], [Address] and wishing to participate in the franchising system of GMOWIN GmbH with this Agreement.
2. Subject of the Contract
This Agreement gives the Franchisee the right to establish and manage his own business using the brand, business model and systems of GMOWIN GmbH. Franchisee agrees to comply with the conditions established under this Agreement.
3. License and Right of Use
License: The Franchisor grants the Franchisee a license to use the GMOWIN GmbH brand, trade names, logos, patents and other commercial assets.
Term: This Agreement shall be valid for [duration] years and may be extended for another [period] years by mutual agreement.
Region: The franchisee will operate in [region or city] and will be the sole authorized representative of GMOWIN GmbH in this region.
4. Franchise Fees
Initial Fee: Franchisee will pay a one-time initial fee of [Initial Fee Amount] at the beginning of the Agreement.
Royalty Fee: Franchisee will pay a royalty fee of [Royalty Fee Percentage]% on a monthly/quarterly/annual basis. This fee will be based on the Franchisee's total gross revenue.
Advertising Fund: The Franchisee will pay a contribution of [Advertising Fund Contribution] to support the advertising and marketing activities of GMOWIN GmbH.
5. Franchisor's Rights and Obligations
Support and Training: Franchisor will provide training, support and consultancy to the Franchisee regarding the start-up and management of the business.
Supply: The Franchisor will supply the Franchisee with products and services at the standards set by GMOWIN GmbH.
Trademark Protection: Franchisor will take the necessary legal measures to protect the GMOWIN brand and commercial assets.
6. Franchisee's Rights and Obligations
Business Management: The Franchisee will manage the business in accordance with GMOWIN GmbH's business model and follow the standards and guidelines set by the Franchisor.
Financial Reporting: The Franchisee will periodically submit financial reports to the Franchisor and transparently declare its financial situation.
Confidentiality: Franchisee will protect Franchisor's trade secrets and confidential information and will not share this information with third parties.
Advertising and Marketing: The Franchisee will operate in accordance with the advertising and marketing strategies determined by the Franchisor and will be able to carry out local advertising activities.
7. Inspection and Quality Control
Audit: The Franchisor has the right to audit the Franchisee's business. These audits will be carried out to evaluate compliance with the business model, financial reporting and service quality.
Quality Control: The franchisee must comply with the standards and quality control procedures of GMOWIN GmbH. In case of any deviation or violation, the Franchisor may take the necessary corrective measures.
8. Termination of Contract
Termination: This Agreement may terminate in the following cases:
Termination by mutual agreement.
Bankruptcy or insolvency of the franchisee.
Franchisee violates the terms of the Agreement.
[A specific reason may be added, e.g. ethical violations, damage to brand reputation, etc.]
Consequences: In case of termination of the agreement, the Franchisee will stop using the GMOWIN brand and return all business assets to the Franchisor.
9. Dispute Resolution
Arbitration: Any dispute arising from this Agreement shall be submitted to arbitration to be resolved in accordance with the arbitration rules of Germany [city].
Court: If the arbitration process is unsuccessful, the parties shall have the right to file a lawsuit in the [city] courts of Germany.
10. Applicable Law
This Agreement is governed by and will be construed in accordance with the laws of Germany. In case of any legal dispute, German courts will have jurisdiction.
11. Changes and Updates
This Agreement may not be modified without the written consent of the parties. Any amendments or additions may come into force by mutual agreement of the parties.
12. Annexes and Other Provisions
Attachments: All documents annexed to this Agreement are considered an integral part of this Agreement.
Independence: If any provision of this Agreement shall be invalid or unenforceable, the validity and enforceability of the other provisions shall not be affected.
Complete Agreement: This Agreement represents the complete agreement between the parties and supersedes all prior written or oral agreements.
13. Signature
This Agreement was signed by the parties on [Date].
GMOWIN GmbH
Signature: ___________________________
First Name: ___________________________
Title: ___________________________
History: ___________________________
franchisee
Signature: ___________________________
First Name: ___________________________
Title: