How to quit and join the rookie station

Whether the franchise fee can be refunded depends on many factors.

First, look at the signing time. If the company has not started to provide services, no training, no site selection, no decoration design, etc. Just after signing the contract, it is still in the "cooling-off period". Franchisees have the right to unilaterally terminate the contract and ask the company to return the franchise fee without being liable for breach of contract.

Article 12 of the Regulations on the Administration of Commercial Franchise stipulates that the franchisor and the franchisee shall stipulate in the franchise contract that the franchisee may unilaterally terminate the contract within a certain period after the franchise contract is concluded. The "cooling-off period" clause is based on the fact that the franchisee may not fully understand the industry he joins, and the law requires that the franchisee must be given some time to consider whether to continue franchising. If the franchisee decides not to engage in franchising, he can unilaterally terminate the contract at any time within this period. The franchisor's right to unilaterally terminate the franchise contract is a legal right, and the franchisor shall not arbitrarily restrict or deprive it. Even if there is no "cooling-off period" in the contract, the franchisor still enjoys the legal right to terminate unilaterally within a reasonable period.

However, how long the cooling-off period is, at present, there is no clear stipulation. The general court will consider the case according to the circumstances, and the standards of recognition in local courts are different. If you decide not to join, you should terminate the contract as soon as possible and safeguard your rights and interests. After all, "the law does not protect the right to sleep", and the longer it is delayed, the worse it will be.

Second, if the contract has been signed for a long time, or even the contract has expired, it is difficult to apply the "cooling-off period" to exercise the unilateral right of rescission. At this time, it is necessary to start with the fault of the company and collect favorable evidence of rights protection.

1. Whether there are false propaganda and false promises when the company invites investment.

Article 23 of the Regulations on the Administration of Commercial Franchise stipulates that the information provided by the franchisor to the franchisee shall be true, accurate and complete, and shall not conceal relevant information or provide false information. If the information provided by the franchisor to the franchisee changes significantly, it shall notify the franchisee in time. If the franchisor conceals relevant information or provides false information, the franchisee may terminate the franchise contract.

According to the above provisions, if the company conceals relevant information or provides false information when inviting investment, the franchisee has the right to unilaterally terminate the franchise contract after discovering it. As to what information to conceal or to what extent to provide false information, franchisees have the right to terminate unilaterally. There is no clear stipulation in laws and regulations. In judicial practice, it generally refers to the information that has a great influence on the signing of the contract and is enough to influence the franchisee's decision to sign or not.

2. Whether the company actively fulfills its contractual obligations during the performance of the contract, and whether the services provided are in line with the contract.

For franchisees, choosing to join and being willing to pay a certain joining fee is often because the company has made a lot of commitments to the project and agreed to provide a full set of shop opening services such as site selection, training, decoration design, equipment and materials distribution and product update. Franchisees can easily open stores. There are a large number of quick recruitment companies that induce franchisees to pay the joining fee through false propaganda. , and often can not provide the corresponding services, or the services provided are seriously flawed.

Article 563 of the Civil Code stipulates that in any of the following circumstances, the parties may terminate the contract: (2) Before the expiration of the performance period, one party explicitly indicated or indicated by its own behavior that it would not perform the principal debt; (three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged; (4) One party delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract.

According to the above provisions, if the company is at fault during the performance of the contract, the franchisee has the right to unilaterally terminate the contract on the grounds of the company's breach of contract, and ask the company to refund the money and compensate for the losses.

3. Whether the trademark or project logo authorized by the company has defects or infringement risks.

The trademark or project logo authorized by the company to franchisees is the core business resource of the company. If its trademark or item

If the logo is suspected of infringing on the exclusive right to use a registered trademark of others, it is a major flaw in the business resources, and it shall be deemed that the company constitutes a fundamental breach of contract. The franchisee may sue the company to terminate the franchise contract and demand a refund of the franchise fee.