Professional Documents
Culture Documents
Submitted to:
Professor
INSTITUTE OF HIGHER STUDIES
FRANCHISE AGREEMENT
This Agreement, executed and entered into this ___th day of ____, 2023 at
Zaragoza, Nueva Ecija, Philippines, by and between:
" PizzaWrap." a sole proprietorship duly registered and existing under Philippine
laws, with its principal office at #124 Brgy. Sto. Rosario Young Zaragoza, Nueva
Ecija Owned and managed by Khyele J. Talplacido and herein after referred to as
the "FRANCHISOR".
-AND-
Rayaleen Lanzer S. Yap of legal age, Filipino and a resident of #101 Brgy. San
Joseph Sta. Rosa, Nueva Ecija and herein after referred to as the "FRANCHISEE".
WITNESSETH:
WHEREAS, the FRANCHISOR, as a result of the expenditure of time, effort and
money, has acquired unique experience, as well as special skills, technique and
knowledge with reference to the development, opening and operation of
PizzaWrap outlet facilities;
WHEREAS, the FRANCHISOR has devised a standard, unique and uniform system
for the establishment, operation and development of the same in especially
designed food service outlet structures with distinctive fixtures, equipment,
interior and exterior accessories and color schemes, food formula, inventory and
accounting systems and comprehensive management assistance, (all of which
may be changed, improved and further developed from time to time) which
system is identified by the name "PizzaWrap".
WHEREAS, the FRANCHISOR is the sole and exclusive owner of the entire right,
title and interest, together with all the goodwill connected within and to the
name " PizzaWrap "
WHEREAS, the FRANCHISOR, has by maintenance of uniformity and high
standard of quality and service, established a reputation, demand and goodwill
for said food service outlets and facilities operated under such a system and its
name; and WHEREAS, all the foregoing having a distinctive and valuable
INSTITUTE OF HIGHER STUDIES
1. A franchise fee of Five Hundred Fifty Thousand pesos (Php 550,000.00) must
be paid to the franchisor upon the execution of this agreement or any renewal
thereof by the franchisee. The franchisor retains the right to modify the
franchise fee that is due under this agreement, as long as it is applied
prospectively.
II. EXCLUSIVITY
INSTITUTE OF HIGHER STUDIES
A. FRANCHISOR will not, so long as this Agreement is in force and in effect, and
FRANCHISEE is not in default under any of the terms hereof, operating or
enfranchise any other outlet within FRANCHISEE's location. This shall not apply to
the following:
1. Any and all locations franchised or in operation prior to the date of this
Franchise Agreement.
2. Subsequent outlet locations with the same territory which, after having first
been offered in writing to FRANCHISEE, and FRANCHISEE opts not to accept the
offer or fails to act on the offer within thirty days (30) days, maybe acquired and
operated by FRANCHISOR or franchised out by the latter for the parties' mutual
protection against actual and potential competition.
3. When FRANCHISOR exercises its right, notwithstanding any rights granted
elsewhere herein, to promote and conduct special sales through mobile units or
temporary locations at special events such as fairs, conventions, athletic contests,
etc., in the location granted to FRANCHISEE hereunder, provided, however that
FRANCHISOR shall offer the opportunity to conduct such promotions and special
sales to FRANCHISEE in writing at least seven (7) days prior to such acceptance to
the offer within seven (7) days after such offer.
4. When FRANCHISOR exercises its right to conduct product marketing tests in
which FRANCHISEE may, but will not be required to participate.
B. The term "franchise location" shall be taken to mean only that zone within a 2-
kilometer road distance from the franchisee's outlet. Consequently, outside of the
said zone, the FRANCHISOR is free to operate or enfranchise any other outlet at
its own discretion.
III. ROYALTY FEE
A. FRANCHISEE shall pay the FRANCHISOR a Royalty fee of 3 percent of gross
sales per year.
B. During the term of this Agreement, FRANCHISEE must submit to FRANCHISOR
a copy of BIR payment as proof that the tax was remitted to the Bureau of
INSTITUTE OF HIGHER STUDIES
Internal Revenue (BIR). Said fee shall be paid monthly and in full manner specified
below.
1. A accurate Statement of Gross Monthly Sales for the period must be
submitted by the Franchisee. No later than five (5) days following the end of each
month, FRANCHISEE is required to turn in a copy of each monthly statement to
FRANCHISOR at its office or via email.
2. The term "gross sales" as used here refers to the total of all product
sales as well as all business conducted in, on, upon, and from the outlet
franchised under this agreement; credits and refunds are not included in this
statement.
3. Following that, the FRANCHISEE will be required to pay immediately for
any and all tax obligations resulting from the franchised unit's gross sales.
FRANCHISOR shall not be liable for any such consequences under any
circumstances.
B. FRANCHISOR shall not be responsible for any conduct, default, or other duty
of FRANCHISEE under any circumstances. When a franchisee operates a
franchised business, the FRANCHISEE is obligated to hold the FRANCHISOR
INSTITUTE OF HIGHER STUDIES
free from all possible liabilities or damages resulting from such claims,
including the cost of defending against such claims.