你知道加盟签约餐饮店需要注意什么吗?
来源:http://www.zuixianya666.com/  2018-11-16 13:53:32
加盟签约注意事项
Ten points for attention in signing a contract
近年来,随着创业风潮日趋盛行,加入连锁加盟店的人愈来愈多,加盟纠纷也随之增多。这些纠纷的产生泰半肇因于加盟合约,加盟总部在加盟前,未向加盟者详细说明合约内容,而加盟者往往也未加深入了解就签下合约,在双方各自模糊处理之下,会产生纠纷也就不足为奇了。
In recent years, with the growing trend of entrepreneurship, more and more people join franchise chains, franchise disputes also increase. These disputes are partly caused by the franchise contract. Before joining, the franchise headquarters did not elaborate the content of the contract to the franchisors, and the franchisors often signed the contract without further understanding. It is not surprising that under the ambiguous treatment of the two sides, disputes would arise.
其实,加盟者在签立加盟合约之前,就应深入了解合约内容,以确保自身权益。切莫以为加盟合约都是总部制式的范本不可修改。其实合约应该是透过彼此双方协议之后做成的。换句话说,加盟者不仅该睁大眼睛看清楚内容,更有权利要求修改内容。本文仅提供以下十点注意事项,供加盟者做为签约时的参考。
In fact, before signing a franchise contract, the franchisors should have a thorough understanding of the content of the contract to ensure their own rights and interests. Do not think that joining the contract is a model of the headquarters system can not be modified. Actually, contracts should be made after mutual agreement. In other words, the franchisee should not only open his eyes to see the contents clearly, but also have the right to ask for revision. This article only provides the following ten points for attention, for the franchisee as a reference for signing.
一、应要求加盟总部出示服务标章注册证。因为所谓加盟,就是总部将品牌授权给加盟店使用,换句话说,总部必须要先拥有这个品牌,才能授权给加盟店。也就是说,总部必须先取得中央标准局,所颁发的服务标章注册证才行。
First, it should be required to sign the Service Badge registration certificate at headquarters. Because the so-called franchise is that the headquarters authorize the brand to franchise stores. In other words, the headquarters must have the brand before authorizing the franchise stores. That is to say, the headquarters must first obtain the Central Bureau of standards and the Service Badge registration certificate issued.
前一阵子即发生某中式餐饮连锁体系的纠纷案,新旧二个体系闹进公平交易委员会,后来败诉的一方被迫更改品牌名称,连带使已经加盟该体系的加盟店也被迫改名,真是何其无辜啊!所以加盟者在加盟前,务必要先确认总部的确拥有此一品牌,才能放心地加盟。
A while ago, there was a dispute about a Chinese catering chain system. The old and new systems entered the Fair Trading Committee. Then the losing party was forced to change the brand name, and even the franchised stores that had joined the system were forced to change their names. How innocent! Therefore, before joining the franchise, we must first confirm that the headquarters does own this brand, in order to be able to safely join.
第二、权利金的支付方式。一般而言,总部会向加盟者收取三种费用,分别是加盟金、权利金及保证金。所谓的加盟金,指的是总部在开店前帮加盟者做整体的开店规划,及教育训练所收取的费用。而权利金指的是加盟店使用总部的商标,以及享用商誉所需支付的费用,这是一种持续性的收费,只要加盟店持续使用总部的商标,就必须定期付费。支付期限可能是一年一次、按季或是按月支付。

Second. Payment of royalties. Generally speaking, the headquarters will charge three fees to the franchisee, namely, franchise fee, royalty fee and margin. The so-called franchise fee refers to the fees charged by the headquarters to help franchisees make overall shop planning and education and training before opening the store. The royalty refers to the fees that franchise stores pay for the use of headquarters trademarks and the use of goodwill. This is a continuous fee. As long as franchise stores continue to use headquarters trademarks, they must pay regularly. The payment period may be paid once a year, quarterly or monthly.

至于保证金,则是总部为确保加盟者会确实履行合约,并准时支付货款等所收取的费用。其中,由于权利金是持续性的收费,某些加盟总部会在签约时,要求加盟者一次开出合约期限内全额权利金的支票,例如合约期限为五年,权利金采取年缴方式,某些总部便要求加盟者将五年的权利金,一次开齐五张支票缴交总部。
As for the margin, it is the fee charged by the headquarters to ensure that the franchisee will actually perform the contract and pay the payment on time. Among them, because the royalty is a continuous fee, some franchise headquarters will require the franchisee to issue a check for the full royalty within the contract period at one time. For example, the contract period is five years, and the royalty is paid annually. Some headquarters will require the franchisee to pay the five-year royalty at one time. Headquarters.
后来曾有这样的案例发生,某一体系的加盟者开店二年,因为生意不佳而关门大吉,但是却早在签约时,已开齐五年权利金的支票缴交给总部了。
Later, there was a case in which a franchisor of a certain system opened a shop for two years and closed down because of poor business, but as early as the time of signing the contract, a check with a five-year royalty was drawn up and handed over to the headquarters.
按理说,后面三年既然已经收店不再使用总部的商标、商誉,就不需再支付权利金,然而总部却仍将已收取的支票轧进银行取款,害得这位加盟者,不仅赔了二年生意,还得另外支付这些已开出的支票金额!
It is reasonable to say that since the brand and goodwill of the headquarters are no longer used in the next three years, there is no need to pay the royalties. However, the headquarters will still roll the checks collected into the bank to withdraw money. This franchisee will not only lose two years of business, but also pay the amount of these checks already issued.
所以,加盟者若遇总部要求一次开齐合约期限内,全部权利金的支票面额时,务必记得在合约上加注一点,当加盟店收店不再开店时,总部必须退回未到期的权利金,以保障自身的权益。
Therefore, if a franchisor meets the requirement of the headquarters to open a full contract within one time and the full amount of the royalty check, he must remember to add a point to the contract. When the franchisor closes the store and no longer opens the shop, the headquarters must return the unexpired royalty in order to protect his own rights and interests.