Commercial concession agreement for a store franchise. Sample franchise agreement (commercial concession)

commercial concession(franchising)

______________ "___" ___________ ____

_____________________________________________________________,

(name of the enterprise - copyright holder)

hereinafter referred to as "Copyright Holder", represented by _________________

(position, full name)

(Charter, regulations)

on the one hand, and ______________________________________________,

(name of the enterprise - user)

hereinafter referred to as __ "User", represented by ____________________

_________________________________________________________________,

(position, full name)

acting on the basis _______________________________________,

(Charter, regulations)

on the other hand, have concluded the present agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. According to this agreement, the Copyright Holder undertakes to provide the User for a fee for the period specified in the agreement with the right to use in entrepreneurial activity User's complex of exclusive rights belonging to the Copyright Holder, namely: the right to the trade name and commercial designation of the Copyright Holder, to protected commercial information, to the trademark and service mark.

1.2. The user has the right to use the owned

To the right holder a set of exclusive rights to __________________

(specify territory)

1.3. Validity of this agreement: ____________.

1.4. The remuneration for the use of a set of exclusive rights is: _________ and is paid in the form of _______ (fixed one-time or periodic payments, deductions from proceeds, mark-ups on the wholesale price of goods transferred by the Copyright Holder for resale, etc.) within the following terms: ___________.

2. OBLIGATIONS OF THE PARTIES

2.1. The right holder is obliged:

a) transfer to the User technical and commercial documentation, provide other information necessary for the User to exercise the rights granted to him under this agreement, as well as instruct the User and his employees on issues related to the exercise of these rights;

b) issue to the User within the following terms: __________ the following licenses: _________, ensuring their execution in the prescribed manner;

c) ensure the registration of this agreement in the prescribed manner;

d) provide the User with ongoing technical and advisory assistance, including assistance in training and advanced training of employees;

e) control the quality of goods (works, services) produced (performed, rendered) by the User on the basis of this agreement;

f) not to provide other persons with a set of exclusive rights similar to this agreement for their use in the territory assigned to the User in accordance with clause 1.2 of this agreement, and also to refrain from their own similar activities in this territory.

2.2. Taking into account the nature and characteristics of the activities carried out by the User under this agreement, the User undertakes:

a) use in the implementation of the activities provided for by this agreement the trade name, commercial designation of the Copyright Holder, other rights as follows: ___________;

b) ensure that the quality of the goods produced by him on the basis of this agreement, the work performed, the services provided, is consistent with the quality of similar goods, work or services produced, performed or provided directly by the Copyright Holder;

c) comply with the instructions and instructions of the Copyright Holder aimed at ensuring that the nature, methods and conditions for using the complex of exclusive rights correspond to how it is used by the Copyright Holder, including instructions regarding the location, external and interior design commercial premises used by the User in the exercise of the rights granted to him under the contract;

d) provide buyers (customers) with additional services that they could count on when purchasing (ordering) a product (work, service) directly from the Copyright Holder;

e) not to disclose production secrets of the Copyright Holder and other confidential commercial information received from him;

f) grant the following number of sub-concessions: ___________;

g) inform buyers (customers) in the most obvious way for them that he uses a company name, commercial designation, trademark, service mark or other means of individualization by virtue of this agreement;

h) refuse to obtain similar rights under commercial concession agreements from competitors (potential competitors) of the Copyright Holder.

3. RESPONSIBILITY OF THE RIGHT HOLDER ON REQUIREMENTS,

AS SUPPLIED TO THE USER

3.1. The Copyright Holder bears subsidiary responsibility for the requirements imposed on the User about the discrepancy between the quality of goods (works, services) sold (performed, rendered) by the User under this agreement.

3.2. According to the requirements for the User as a manufacturer of products (goods) of the Copyright Holder, the Copyright Holder shall be jointly and severally liable with the User.

4. RIGHT OF THE USER TO ENTER THIS AGREEMENT

FOR A NEW TERM

4.1. The user, who properly performs his duties, has the right, after the expiration of this agreement, to conclude it for a new term on the same conditions.

4.2. The right holder has the right to refuse to conclude a commercial concession agreement for a new term, provided that within three years from the date of expiration of this agreement, he will not conclude similar commercial concession agreements with other persons and agree to conclude similar commercial subconcession agreements, the effect of which will apply to the same territory in which this treaty was in force.

If, before the expiration of the three-year period, the Copyright Holder wishes to grant someone the same rights that were granted to the User under this agreement, he is obliged to offer the User to conclude a new agreement or compensate for the losses incurred by him. When concluding a new agreement, its terms must be no less favorable for the User than the terms of this agreement.

5. VALIDITY OF THE CONTRACT

5.1. This agreement comes into force from the moment of its signing and is valid for the period specified in clause 1.3 of this agreement.

5.2. The transfer to another person of any exclusive right specified in clause 1.1 of this agreement is not a basis for changing or terminating the agreement. The new copyright holder becomes a party to this agreement in terms of the rights and obligations relating to the transferred exclusive right.

5.3. If during the period of validity of this agreement the term of validity of the exclusive right, the use of which is granted under this agreement, has expired, or such right has ceased for another reason, this agreement shall continue to be valid, with the exception of the provisions relating to the terminated right.

5.4. This agreement terminates in the event of:

5.4.1. Expiration of the period specified in clause 1.3 of this agreement.

5.4.2. Announcement of the Copyright Holder or User as insolvent (bankrupt).

5.4.3. Termination of the rights belonging to the Copyright Holder to a company name or commercial designation without replacing them with new similar rights.

5.4.4. In other cases provided by law.

5.5. The User has the right to demand termination of the agreement and compensation for losses in the event that the Copyright Holder changes its company name or commercial designation, the rights to use which are included in the set of exclusive rights specified in clause 1.1 of this agreement.

In the event that the User does not require termination of this agreement, the agreement is valid in relation to the new company name or commercial designation of the Copyright Holder.

6. FINAL PROVISIONS

6.1. This agreement is subject to registration in ________________

_________________________________________________________________.

(territorial body of the Federal Tax Service of Russia, which carried out the registration

legal entity acting under the contract as

Rightholder or User if the Rightholder

registered as a legal entity in a foreign

state)

6.2. In everything else not regulated in this agreement, the parties will be guided by the norms of the current legislation Russian Federation.

6.3. This agreement is made in _______ copies of equal legal force, one for each of the parties.

7. ADDRESSES AND BANKING DETAILS OF THE PARTIES:

__________________________________________________________________

User: ________________________________________________

__________________________________________________________________

SIGNATURES OF THE PARTIES:

__________________________ __________________________

COMMERCIAL CONCESSION AGREEMENT

Conclusion date ____________

Place of detention ___________

Hereinafter we refer to __ as the “Copyright Holder”, represented by __________, acting ___ on the basis of ____________, on the one hand, and ______________, hereinafter referred to as __ “User”, represented by ____________, acting ___ on the basis of ________, on the other hand, collectively referred to as the “Parties”, and individually, the “Party”, have entered into this agreement (hereinafter referred to as the Agreement) as follows.

1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS

1.1. The Copyright Holder undertakes to grant the User the right to use in business activities the complex of exclusive rights owned by the Copyright Holder, named in clause 1.2 of the Agreement (hereinafter referred to as the Complex of Exclusive Rights, CIP), and the User undertakes to pay the Copyright Holder the remuneration stipulated by the Agreement.

1.2. The set of exclusive rights, the use of which is granted under the Agreement, includes the rights to:

- trademark (service mark) Copyright holder _____________________________________ (specify the type of trademark, the number of the trademark certificate and the date of its state registration, as well as the classes of the International Classification of Goods and Services for the registration of marks in respect of which the trademark is registered);

— ____________________ (the names of other results of intellectual activity and means of individualization are indicated, the exclusive rights to which are included in the CIP (for example, a commercial designation, a secret of production (know-how)), title documents (if any) for such objects, as well as their characteristics).

1.3. The right holder guarantees that he owns all exclusive rights to the results of intellectual activity and means of individualization included in the CIP.

1.4. The Agreement comes into force from the moment of its signing by the Parties and is valid until "____" _________ ____.

1.5. Granting the right to use the instrumentation in the business activities of the User is subject to state registration with the Federal Service for intellectual property(hereinafter - Rospatent) .

Such registration (collection and filing required documents, payment of fees and other actions related to registration) (choose one)

— provided by the Copyright Holder.

— provided by the User.

— provided by both Parties, while the respective responsibilities between them are distributed as follows: _________________________.

Documents required for state registration of granting the right to use instrumentation must be submitted to Rospatent no later than "___" __________ _____.

2. PROCEDURE AND TERM OF USE

COMPLEX OF EXCLUSIVE RIGHTS

2.1. The user has the right to use the CIP in the following business activities: _________________________________ (indicate the area of business activity for the implementation of which the Agreement is concluded: sale and / or production of goods, performance of work, provision of services).

2.2. The contract involves the use of instrumentation, business reputation and commercial experience of the Copyright Holder as follows:

- trademark ____________________ (the scope, limits and ways of using the exclusive rights to a trademark (service mark) included in the CIP are indicated);

— ________________________________________________________ (the scope, limits and ways of using exclusive rights to other results of intellectual activity and means of individualization included in the CIP are indicated);

- business reputation ____________________________________________________;

— commercial experience ___________________________________________________.

2.3. The Copyright Holder, no later than "___" __________ _____, undertakes to provide the User with the following documentation necessary for the use of instrumentation, business reputation and commercial experience: _________________________________ and information: ___________________________________________________________.

2.4. Copyright holder (choose one)

— gives its consent to the User to conclude a commercial subconcession agreement (without additional receipt of written approval for each such fact) on the following conditions: _______________________________________________.

– does not give its consent to the User to conclude a commercial subconcession agreement.

— obliges the User to conclude commercial subconcession agreements on the following terms: ______________________________________________________.

2.5. The User has the right to use the Complex of Exclusive Rights in the following territory: ____________________ (the territory of use of the instrumentation is indicated, for example: “throughout the entire territory of the Russian Federation”).

2.6. The term for the use of instrumentation under the Agreement expires simultaneously with the expiration of the Agreement.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The right holder undertakes:

3.1.1. Do not provide third parties with similar instrumentation for their use in the territory assigned to the User and (or) refrain from their own similar activities in this territory.

3.1.2. Provide the User with ongoing technical and advisory assistance, including assistance in training and advanced training of its employees.

3.1.3. Control the quality of goods (works, services) produced (performed, rendered) User on the basis of the Agreement.

3.2. The user undertakes:

3.2.1. Do not enter into similar agreements with competitors (potential competitors) of the Copyright Holder.

3.2.2. Do not compete with the Copyright Holder in the territory covered by the Agreement in relation to business activities carried out by the User using the CIP.

3.2.3. Use the trademark in the course of the activities provided for by the Agreement (service mark) or other means of individualization of the Copyright Holder in the manner specified in the Agreement.

3.2.4. Ensure that the quality of the products produced (performed, rendered) them on the basis of the Contract of Goods (works, services) the quality of similar products ( works, services) produced (performed, rendered) directly by the copyright holder.

3.2.5. Comply with the instructions and instructions of the Copyright Holder aimed at ensuring that the nature, methods and conditions of use of the instrumentation are consistent with how it is used by the Copyright Holder, including instructions regarding the location, external and internal design of commercial premises intended for the use of the instrumentation.

3.2.6. Render to buyers (to customers) all additional services that they could count on when purchasing (ordering) product (work, service) directly from the Rightholder.

3.2.7. Do not disclose production secrets (know-how) of the Copyright Holder and other confidential commercial information received from him.

Confidential commercial information includes, in particular, the following information: ____________________________________.

The user undertakes to conclude non-disclosure agreements with his employees on such information.

3.2.8. Inform buyers (customers) in the most obvious way to them that he is using the TRC in accordance with the Treaty.

4. AMOUNT, TERMS AND PROCEDURE FOR PAYING REMUNERATION

4.1. The remuneration under the Agreement is set in the form (choose the required / possibly a combination of the specified forms of payment or the establishment of another form of payment of remuneration)

- a one-time (lump-sum) payment in the amount of _____ (__________) rubles, including VAT in the amount of _____ (__________) rubles.

— periodic payments (royalties) in the amount of _____ (__________) rubles, including VAT in the amount of _____ (__________) rubles, for each month of using the instrumentation during the term of the Agreement.

- deductions from proceeds in the amount of _____ (__________) percent of the amount of monthly income from the sale of goods (works, services), in the production of which the instrumentation received under the Contract was used.

4.2. Payment terms (select one)

— A one-time (lump-sum) payment is paid no later than __ (__________) working days from the date of conclusion of the Agreement.

— Periodic payments (royalties) are paid on ____ (________) of each month of using the CIP.

— Deductions from revenue are paid on ____ (________) of each month of using the instrumentation.

4.3. Interest on the amount of payment under the Agreement shall not be accrued or paid.

4.4. In the event of the termination of any exclusive right included in the CIP and the continuation of the Agreement in respect of a new similar exclusive right, the User has the right to demand a proportionate reduction in remuneration.

(if the KPI includes the right to a commercial designation)

In the event of a change in the commercial designation of the Copyright Holder and the continuation of the Agreement in relation to the new commercial designation of the Copyright Holder, the User has the right to demand a commensurate reduction in remuneration.

4.5. All settlements under the Agreement are made in a cashless manner by transferring Money to the current account specified in the Agreement (Article 10 of the Agreement).

4.6. The User's payment obligations are considered fulfilled on the date of transfer of funds to the correspondent account of the Rightholder's bank (it is possible to establish a different date for recognizing payment obligations as fulfilled).

5. RESPONSIBILITIES OF THE PARTIES

5.1. For violation of the terms of payment (clause 4.2 of the Agreement), the Copyright Holder has the right to require the User to pay a penalty (penalties) in the amount of _____ (____________) percent of the unpaid amount for each day of delay.

5.2. For violation of the deadlines for the transfer of documentation and information (clause 2.3 of the Agreement), the User has the right to demand from the Copyright Holder the payment of a penalty (penalties) in the amount of _____ (__________) rubles. for each day of delay.

5.3. For evading state registration of granting the right to use the CIP, the bona fide Party has the right to demand from the Party that committed such a violation, payment of a penalty (penalties) in the amount of _______________ (_______________) rubles. for each day of delay starting from the day following the last day of the period specified in clause 1.5 of the Agreement.

5.4. For disclosure of a production secret (know-how), which is part of the CIP, and other confidential commercial information specified in the Agreement, to third parties without the consent of the Copyright Holder, the User is obliged to compensate for the losses caused by such disclosure, as well as pay a fine in the amount of _____ (____________) rubles.

5.5. In all other cases, the Parties shall be liable in accordance with the legislation of the Russian Federation, including, but not limited to, the liability under Art. 1034 of the Civil Code of the Russian Federation.

6. FORCE MAJEURE (force majeure)

6.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement, if proper fulfillment turned out to be impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, which are understood as: ____________________ (prohibitive government action, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires or other natural disasters).

6.2. In the event of the occurrence of these circumstances, the Party is obliged to notify the other Party within ______ (_____________) business days.

6.3. Document issued by ____________________ (authorized government agency etc.), is sufficient confirmation of the existence and duration of force majeure circumstances.

6.4. If force majeure circumstances continue to operate for more than _____, then each Party has the right to withdraw from the Agreement unilaterally.

7. AMENDMENT AND EARLY TERMINATION OF THE AGREEMENT

7.1. All changes and additions to the Agreement are valid if made in writing and signed by both Parties.

Relevant additional agreements Parties are an integral part of the Agreement.

Amendments to the Agreement are subject to state registration with Rospatent.

7.2. The Agreement may be terminated early by agreement of the Parties or on the grounds and in the manner prescribed by the legislation of the Russian Federation.

Early termination of the Agreement is subject to state registration with Rospatent.

7.3. In the event of termination of the Agreement for any reason, the Parties have the right not to return to each other everything executed under it until the moment of its termination, unless otherwise provided by law (clause 4, article 453 of the Civil Code of the Russian Federation).

8. DISPUTES RESOLUTION

8.1. All disputes related to the conclusion, interpretation, execution and termination of the Agreement will be resolved by the Parties through negotiations.

8.2. In case of failure to reach an agreement during the negotiations specified in clause 8.1 of the Agreement, the Party concerned sends a claim in writing, signed by an authorized person.

Claims can be submitted in any of the following ways:

- by registered mail with acknowledgment of receipt;

— courier delivery. In this case, the fact of receipt of the claim must be confirmed by the receipt of the Party in its receipt. The receipt must contain the name of the document and the date of its receipt, as well as the surname, initials, position and signature of the person who received this document.

The claim entails civil law consequences for the Party to which it was sent (hereinafter referred to as the addressee), from the moment the claim is delivered to the specified Party or its representative. Such consequences also arise in the case when the claim was not delivered to the addressee due to circumstances depending on him.

The claim is considered delivered if it:

- received by the addressee, but due to circumstances depending on him, was not delivered or the addressee did not familiarize himself with it;

- delivered to the address indicated in the Unified State Register of Legal Entities or named by the addressee himself, even if he is not located at this address.

8.3. The claim must be accompanied by documents substantiating the claims made by the interested Party (if the other Party does not have them), and documents confirming the authority of the person who signed the claim. These documents are submitted in the form of duly certified copies. If the claim is sent without documents confirming the authority of the person who signed it, then it is considered not presented and is not subject to consideration.

8.4. The Party to which the claim is sent is obliged to consider the received claim and notify the Party concerned in writing of the results within ___ (_____) working days from the date of receipt of the claim.

8.5. In case of failure to resolve disagreements in the claim procedure, as well as in case of non-receipt of a response to the claim within the period specified in clause 8.4 of the Agreement, the dispute is referred to court of Arbitration at the location of the defendant in accordance with the legislation of the Russian Federation.

9. FINAL PROVISIONS

9.1. Unless otherwise provided by the Agreement, notices and other legal significant messages may be sent by the Parties by fax, email or by any other method of communication, provided that it allows to reliably establish from whom the message originated and to whom it is addressed.

9.2. The Agreement is made in triplicate, one for each of the Parties and for Rospatent.

9.3. Attached to the Agreement:

- a copy of the trademark certificate (service mark) N_____;

— ________________________________.

10. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES

Owner User

franchising in a person acting on the basis of , hereinafter referred to as " Copyright holder”, on the one hand, and in a person acting on the basis of , hereinafter referred to as “ User”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Copyright Holder undertakes to grant the User, for a fee, for the period specified in the agreement, the right to use in the User's business activities a set of the following exclusive rights belonging to the Copyright Holder:

to the company name and commercial designation of the Copyright Holder;
to protected commercial information;
to the trademark specified in ;
to the service mark indicated by .

1.2. Commercial information consists of and is defined in Annex No. to this agreement.

2. TERRITORY AND SCOPE OF RIGHTS

2.1. The User uses the set of exclusive rights belonging to the Copyright Holder only in the sphere and only in the territory.

3. OBLIGATIONS OF THE PARTIES

3.1. The copyright holder is obliged:

transfer to the User technical and commercial documentation and provide other information necessary for the User to exercise the rights granted to him under this agreement, as well as instruct the User and his employees on issues related to the exercise of these rights;
issue the following licenses to the User: ;
ensure that licenses are issued in the prescribed manner;
ensure registration of this agreement in the prescribed manner;
provide the User with ongoing technical and advisory assistance, including assistance in training and advanced training of employees;
control the quality of goods produced by the User on the basis of this agreement;
not to provide other persons with a set of exclusive rights similar to this agreement for their use in the territory assigned to the User, and also to refrain from their own similar activities in this territory.

3.2. The user is obliged:

use in the implementation of the activities provided for by this agreement the company name, commercial designation of the Copyright Holder, other rights as follows: ;
ensure that the quality of the goods produced by him on the basis of this agreement, the work performed, the services provided, is consistent with the quality of similar goods, work or services produced, performed or provided directly by the Copyright Holder;
comply with the instructions and instructions of the Copyright Holder aimed at ensuring that the nature, methods and conditions for using the complex of exclusive rights correspond to how it is used by the Copyright Holder, including instructions regarding the external and internal design of commercial premises used by the User in exercising the rights granted to him under the contract;
provide buyers (customers) with additional services that they could count on when purchasing (ordering) a product (work, service) directly from the Copyright Holder;
not to disclose production secrets of the Copyright Holder and other confidential commercial information received from him;
grant the rights specified in this agreement on time on a subconcession basis to the following persons: ;
inform buyers (customers) in the most obvious way for them that he uses a company name, commercial designation, trademark, service mark or other means of individualization by virtue of this agreement;
not compete with the Copyright Holder in the territory covered by this agreement.

4. REMUNERATION AND PAYMENT PROCEDURE

4.1. The remuneration for the use of a complex of exclusive rights is established by the parties in the form of fixed equal periodic payments.

4.2. The amount of one payment is Rs.

4.3. Payment must be made every month no later than the date by transferring funds to the account of the Copyright Holder.

4.4. The first payment is due on time after the signing of this contract.

4.5. In case of delay in payment, the Beneficiary is obliged to pay a penalty in the amount of % of the payment amount for each day of delay.

5. RESPONSIBILITY OF THE RIGHT HOLDER FOR REQUIREMENTS MADE TO THE USER

5.1. The Copyright Holder bears subsidiary responsibility for the requirements imposed on the User about the discrepancy between the quality of goods (works, services) sold (performed, rendered) by the User under this agreement.

5.2. According to the requirements for the User as a manufacturer of products (goods) of the Copyright Holder, the Copyright Holder shall be jointly and severally liable with the User.

6. TERM AND RENEWAL

6.1. This agreement is valid from the moment of its registration with the state body that carried out the registration of the Copyright Holder, and with the authority in the field of patents and trademarks until "" 2019. In case of early termination, the contract is also subject to registration by the Copyright Holder.

6.2. The user, who properly performs his duties, has the right to conclude it for a new term on the same conditions after the expiration of this agreement.

6.3. The right holder has the right to refuse to conclude a commercial concession agreement for a new term, provided that within three years from the date of expiration of this agreement, he will not conclude similar commercial concession agreements with other persons and agree to conclude similar commercial subconcession agreements, the effect of which will apply to the same territory in which this treaty was in force.

6.4. If, before the expiration of the three-year period, the Copyright Holder wishes to grant someone the same rights that were granted to the User under this agreement, he will be obliged to offer the User to conclude a new agreement or compensate for the losses incurred by the latter. When concluding a new agreement, its terms must be no less favorable for the User than the terms of this agreement.

7. FINAL PROVISIONS

7.1. The contract is drawn up in copies for each party.

7.2. In everything else not regulated in this Agreement, the parties will be guided by the norms of the current legislation of the Russian Federation.

7.3. Disputes that may arise between the parties are subject to consideration in the Arbitration Court of the city.

8. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Copyright holder

User Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

9. SIGNATURES OF THE PARTIES

User _________________

A commercial concession agreement is an agreement according to which the right holder must provide the entrepreneur for a fee in deadlines the opportunity to use the trademark, as well as other rights prescribed in the transaction.

It is thanks to him each party can only do what the official document specifies.

Are there any differences between a franchise agreement and a commercial concession agreement?

Registration with Rospatent

How is a franchise agreement registered with Rospatent?

Previously, it was repeatedly stated that the contract is concluded only in writing.

Moreover, in order to make it must pass a series of stringent requirements..

You need to go to the Federal Tax Service of the Russian Federation and register there.

After this procedure, the entrepreneur's road lies in Rospatent.

The main goal is establish requirements for the appearance, possible changes and termination of the right to use the trademark.

If the contract contains all sorts of know-how, then only the document that does not contain any secret data is registered.

What is the cost of this procedure? For one trade brand, you must pay a state duty. Her size - 10,000 rubles. If any additional evidence is required, then for each you need to pay 8,500 rubles.

Change and termination

The Civil Code of the Russian Federation in chapter 54 establishes all the rules for terminating contracts. According to him, only the owner of the trademark can terminate such a document. If the contract is open-ended, then the franchisee, if necessary, can make a request to exit the business.

This must be done six months before the decision. If an urgent document was concluded, then the time for this is significantly reduced - the application is submitted in two weeks. There are also contracts with the possibility of termination unilaterally. But since the franchisor does not benefit from such actions such conditions are rare these days.

It also happens that the contract can change. In this case, the law establishes the payment of state duty. It is equal to 1,500 rubles. If the document requires an expansion of activities, then for this also in paid 1,500 rubles, but moreover, another 8,500 rubles are added for each trademark included in the contract.

Conclusion

Knowing all the intricacies of a commercial concession agreement, you can be sure of entering into cooperation only with the best company. In doing so, you can advise those who seek help in clarifying.

We hereinafter refer to __ as the "Copyright Holder", represented by __________, acting ___ on the basis of ____________, on the one hand, and ______________, hereinafter referred to as __ "User", represented by ____________, acting ___ on the basis of ________, on the other hand, collectively referred to as the "Parties", and individually, the "Party", have concluded this agreement (hereinafter referred to as the Agreement) as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Copyright Holder grants the User the right to use in business activities the complex of exclusive rights owned by the Copyright Holder, named in clause 1.2 of the Agreement (hereinafter referred to as the Complex of Exclusive Rights, CIP), and the User undertakes to pay the Copyright Holder the remuneration stipulated by the Agreement.

1.2. The set of exclusive rights, the use of which is provided under the Agreement, includes:

Trademark (service mark) Right holder;

- ____________________ (the names of other intellectual property objects are indicated, the exclusive rights to which are included in the CIP: commercial designation, production secret (know-how), etc.).

1.3. The right holder guarantees that he owns all the exclusive rights to the intellectual property objects included in the CIP.

The ownership of exclusive rights to objects of intellectual property to the Rightholder is certified by the following title documents.

1.4. The Agreement comes into force from the moment of state registration of the granting of the right to use in business the KIP named in clause 1.2 of the Agreement . State registration of granting the right to use instrumentation (collection and submission of necessary documents, payment of a patent fee, etc.) (choose one)

- provided by the Copyright Holder.

- provided by the User.

Provided by both Parties, while the corresponding responsibilities between them are distributed as follows: _____________________________ .

Documents required for state registration of granting the right to use instrumentation must be submitted to Federal Service on intellectual property no later than "___" __________ _____

The provisions of the Agreement shall apply to the relations of the Parties arising from the moment of its signing by the Parties.

2. HOW TO USE
COMPLEX OF EXCLUSIVE RIGHTS

2.1. The user has the right to use the CIP in the following business activities: ____________________ (indicate the area of business activity for the implementation of which the Agreement is concluded: sale and / or production of goods, performance of work, provision of services).

2.2. This Agreement involves the use of the Complex of exclusive rights, business reputation and commercial experience of the Copyright Holder in the following scope: ____________________ (the limits of the use of exclusive rights included in the CIP are indicated).

2.3. The Copyright Holder, no later than "___" __________ _____, undertakes to provide the User with the following documentation necessary for the use of the Complex of exclusive rights, business reputation and commercial experience: ____________________.

2.4. Copyright holder (choose one)

- gives his consent

- does not give consent

The user to conclude a commercial subconcession agreement without additional written approval for each such fact.

2.5. The User has the right to use the Complex of Exclusive Rights in the following territory: ____________________ (the territory of use of the instrumentation is indicated, for example: "on the entire territory of the Russian Federation").

2.6. The period of use of the Complex of exclusive rights under this Agreement expires on "___" __________ _____.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The right holder undertakes:

3.1.1. Not to provide similar Sets of exclusive rights to third parties for their use in the territory assigned to the User and (or) to refrain from their own similar activities in this territory.

3.1.2. Provide the User with ongoing technical and advisory assistance, including assistance in training and advanced training of employees.

3.1.3. Control the quality of goods (works, services) produced (performed, rendered) by the User on the basis of this Agreement.

3.2. The user undertakes:

3.2.1. Do not enter into similar agreements with competitors (potential competitors) of the Copyright Holder.

3.2.2. Do not compete with the Copyright Holder in the territory covered by the Agreement in relation to business activities carried out by the User using the CIP.

3.2.3. Coordinate with the Copyright Holder the location of the commercial premises used in the implementation of the instrumentation provided under this Agreement, as well as their external and internal design.

3.2.4. Use, in the course of the activities provided for by the Agreement, a commercial designation, trademark, service mark or other means of individualization of the Copyright Holder in the manner specified in the Agreement.

3.2.5. Ensure that the quality of the products produced (performed, rendered) them on the basis of the Contract of Goods (works, services) the quality of similar products ( works, services) produced (performed, rendered) directly by the copyright holder.

3.2.6. Comply with the instructions and instructions of the Copyright Holder aimed at ensuring that the nature, methods and conditions of use of the instrumentation are consistent with how it is used by the Copyright Holder, including instructions regarding the external and internal design of commercial premises used by the user in the implementation of the instrumentation provided to him under the Agreement.

3.2.7. Render to buyers (to customers) all additional services that they could count on when purchasing (ordering) product (work, service) directly from the Rightholder.

3.2.8. Do not disclose production secrets (know-how) of the Copyright Holder and other confidential commercial information received from him.

3.2.9. Inform buyers (customers) in the most obvious way to them that he is using the TRC in accordance with the Treaty.

3. AMOUNT, TERMS AND PROCEDURE FOR PAYING REMUNERATION

3.1. The remuneration under the Agreement is set in the form (select the one you need / it is possible to establish another form of payment of remuneration)

- a one-time (lump-sum) payment in the amount of _____ ( __________) RUB, including VAT _____ ( __________) rub., for the entire period of use of the complex of exclusive rights under this Agreement.

- periodic payments (royalties) in the amount of _____ ( __________) RUB, including VAT _____ ( __________) rub., for each month of using the complex of exclusive rights during the term of the Agreement.

- deductions from proceeds in the amount _____ ( __________) percent of the amount of monthly income from the sale of goods (works, services), in the production of which the Complex of Exclusive Rights received under this Agreement was used.

The respective amounts are payable in the following order (in the following terms): ____________________.

3.2. In the event of the termination of any exclusive right included in the CIP and the Rightholder's proposal to include a similar exclusive right instead of the terminated CIP, the User has the right to demand a commensurate reduction in remuneration.

3.3. In the event of a change in the commercial name of the Copyright Holder included in the CIP, the User has the right to demand a reduction in a commensurate remuneration.

3.4. All settlements under the Agreement are made in a non-cash manner by transferring funds to the settlement account specified by the Copyright Holder (clause 8.3 of the Agreement). The User's payment obligations are considered fulfilled on the date of transfer of funds to the correspondent account of the Rightholder's bank (it is possible to establish a different date for recognizing payment obligations as fulfilled).

4. RESPONSIBILITIES OF THE PARTIES

4.1. For violation of the terms of payment (clause 3.1 of the Agreement), the Copyright Holder has the right to require the User to pay a penalty (penalty) in the amount of _____ percent of the unpaid amount for each day of delay.

4.2. For violation of the deadlines for the transfer of documentation (clause 2.3 of the Agreement), the User has the right to demand from the Copyright Holder the payment of a fine in the amount of _____ (__________) rubles. for each day of delay.

4.3. For evading state registration of granting the right to use the CIP, the bona fide Party has the right to demand from the Party that committed such a violation, payment of a penalty (fine) in the amount of _______________ (indicate a fixed monetary amount or a percentage of the amount stipulatedclause 3.1Agreements) for each day of delay starting from the day following the last day of the period specified in clause 1.4 of the Agreement.

4.4. For the disclosure of a production secret (know-how), which is part of the CIP, to third parties without the consent of the Copyright Holder, the User is obliged to compensate for the losses caused by such disclosure, as well as pay a fine in the amount of _____ rubles.

4.5. In all other cases, the Parties shall be liable in accordance with the current legislation of the Russian Federation, including, but not limited to, the liability provided for in Art. 1034 of the Civil Code of the Russian Federation.

5. FORCE MAJOR

5.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement, if proper fulfillment turned out to be impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, which are understood as: ____________________ (prohibitive government action, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires or other natural disasters).

5.2. In the event of these circumstances, the Party is obliged to notify the other Party within _____ days.

5.3. Document issued by ____________________ (authorized state body, etc.), is sufficient confirmation of the existence and duration of force majeure circumstances.

5.4. If force majeure circumstances continue to operate for more than _____, then each Party has the right to terminate the Agreement unilaterally.

6. AMENDMENT AND EARLY TERMINATION OF THE AGREEMENT

6.1. All changes and additions to the Agreement are valid if made in writing and signed by both Parties.

The relevant additional agreements of the Parties are an integral part of the Agreement.

6.2. The Agreement may be terminated early by agreement of the Parties or at the request of one of the Parties on the grounds and in the manner prescribed by the current legislation of the Russian Federation.

6.3. In the event of termination of the Agreement for any reason, the Parties are obliged to return to each other everything executed under it until the moment of its termination. (this condition is not mandatory)paragraph 4 of Art. 453Civil Code of the Russian Federation).

7. DISPUTES RESOLUTION

7.1. All disputes related to the conclusion, interpretation, execution and termination of the Agreement will be resolved by the Parties through negotiations.

7.2. In case of failure to reach an agreement during the negotiations specified in clause 7.1 of the Agreement, the Party concerned sends a claim in writing, signed by an authorized person. The claim must be sent using means of communication that ensure the recording of its departure (by registered mail, telegraph, etc.) and receipt, or handed over to the other Party against receipt.

7.3. The claim must be accompanied by documents substantiating the claims made by the interested Party (if the other Party does not have them), and documents confirming the authority of the person who signed the claim. These documents are submitted in the form of duly certified copies. A claim sent without documents confirming the authority of the person who signed it is considered not presented and is not subject to consideration.

7.4. The Party to which the claim is sent is obliged to consider the received claim and notify the Party concerned in writing of the results within ___ (_____) working days from the date of receipt of the claim.

7.5. In case of failure to resolve disagreements in the claim procedure, as well as in case of non-receipt of a response to the claim within the period specified in clause 7.4 of the Agreement, the dispute is referred to the arbitration court at the location of the defendant in accordance with the current legislation of the Russian Federation.

8. FINAL PROVISIONS

8.1. The Agreement is made in two copies, one for each of the Parties.