FRANCHISE AGREEMENT
Between ………………………………………….., with an address at ………………….. No. ………… in the city of Mar del Plata, hereinafter referred to as «THE FRANCHISEE,» on the one part; and on the other part ……………………………………………………………………, represented in this act by Mr…………………………………………….., with an address at …………………………. No. ………… in the city of Mar del Plata, hereinafter referred to as «THE FRANCHISOR,» and both collectively referred to as «THE PARTIES,» agree to the following:
1.- THE FRANCHISOR agrees to grant THE FRANCHISEE, and the latter accepts, the area delimited by …………………………………………………………………………………………………. for the commercialization and distribution of the products belonging to the Maitreya Corp group, in accordance with the terms of this Agreement.
2.- THE FRANCHISEE commits to promoting and finalizing the sale of the products and services for which THE FRANCHISOR holds the license, adhering to the quality standards and guidelines established by THE FRANCHISOR.
3.- The term of this AGREEMENT is established for ………………….. days, from the ……. of ……………. 2024, until the …… of ……………. 2025.
4.- None of the officials and/or employees of THE FRANCHISEE shall be considered officials and/or employees of THE FRANCHISOR, nor shall the latter be responsible for the acts or omissions of THE FRANCHISEE, its officials and/or employees.
5.- THE FRANCHISEE commits to acquiring clients by all legal and customary means in the market, as well as any innovative methods that may arise, promoting business and handling advertising at its own expense, either by itself or through third parties, and also financing it.
6.- THE FRANCHISEE may not assign this AGREEMENT, or any rights and obligations resulting from it, in whole or in part, without the prior express consent of THE FRANCHISOR.
7.- In return for its commercialization and promotion services, THE FRANCHISEE shall receive a percentage of the net profit generated by the commercialization of products from the Maitreya Corp group. This percentage shall be established between 5% and 40%, depending on the initial investment and the performance of THE FRANCHISEE.
To this end, THE FRANCHISEE shall issue, by the 10th of each month, a report on the sales made from the 10th of the previous month until the 10th of the current month (both inclusive), along with the corresponding commission settlement. Together with the report, THE FRANCHISEE must submit the invoice for the commissions by the last day of the month to the address indicated by THE FRANCHISOR. The mentioned invoice must meet the formal requirements demanded by the current regulations. THE FRANCHISOR will pay the commission invoices by the 10th of the month following their receipt at its commercial address or at the address indicated in a verifiable manner, provided that payment has already been received from the customer.
Along with the commission settlement mentioned in the preceding paragraph, THE FRANCHISEE shall submit the list of clients acquired within the previously mentioned deadlines. The information must be presented together with the invoices that THE FRANCHISOR will deliver to THE FRANCHISEE.
8.- The personnel of THE FRANCHISEE shall be exclusively under the dependency, responsibility, direction, and control of THE FRANCHISEE. THE FRANCHISEE shall be solely directly responsible for any damages that its personnel may cause to THE FRANCHISOR, its property, its personnel, and/or third parties. Furthermore, THE FRANCHISEE agrees to indemnify and hold harmless THE FRANCHISOR and will reimburse it for any amount that may need to be paid by it regarding any judicial or extrajudicial action, costs, damages, and losses (including fees of any involved professional), for any act or omission of THE FRANCHISEE and/or its dependent personnel, related to this AGREEMENT.
THE FRANCHISEE must insure all personnel assigned to the development and fulfillment of this AGREEMENT against workplace accidents, occupational diseases, civil liability, and mandatory life insurance, and must also contract any other insurance required by the legislation in force during the term of this AGREEMENT.
THE FRANCHISEE must adhere to the prices established and communicated by THE FRANCHISOR, lacking authority to modify them. THE FRANCHISEE must comply with the current fiscal provisions regarding invoicing. It must be registered for VAT, be registered for Gross Income (if operating in different jurisdictions, it must be part of the Multilateral Agreement), and be registered for Income Tax.
9.- While this franchise is in effect, within the designated area, THE FRANCHISEE shall not directly or indirectly engage in selling, offering, or intermediating in products, goods, services, etc., similar to those contained in this AGREEMENT.
10.- Failure by THE FRANCHISEE to comply with any of the obligations assumed in this AGREEMENT will allow THE FRANCHISOR to declare its termination due to the fault of THE FRANCHISEE, for which it will notify it in advance and in a verifiable manner to cease the causes of non-compliance within five (5) business days. Once this period has expired without the FRANCHISEE having complied with the notification, THE FRANCHISOR shall be entitled to consider the AGREEMENT terminated due to the exclusive fault of THE FRANCHISEE, who shall be responsible for all damages and losses that the termination causes to THE FRANCHISOR, who may offset such amounts with any sum in its possession.
11.- For all legal purposes of this AGREEMENT, THE PARTIES establish their special domiciles at the locations indicated in the heading of this document. In case of disputes, the contracts will be governed under the jurisdictions of the headquarters in Mar del Plata (Argentina), Rio de Janeiro (Brazil), Denver (USA), and Dubai (UAE), with THE PARTIES submitting to the ordinary courts of these cities, waiving any other jurisdiction or venue.
12.- For the purposes of the stamp tax corresponding to the province of Buenos Aires, THE PARTIES estimate the taxable base at the sum of pesos …………………………………. The tax shall be paid exclusively by THE FRANCHISEE.
In witness whereof, 2 (two) copies of the same tenor and to a single effect are signed in the city of Mar del Plata, on the ………. day of the month of …………………, 2024.
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