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10  发表于: 2015-08-07

游泳馆承包合同
甲方:体育局乙方:承包方
第一条 本合同约定承包经营的XXX游泳馆座落在XX省XX市XX街道XXX路,游泳馆建筑面积约3895平方米(含所有附属用房,以本合同所附甲方加盖公章的平面图为准)。 
第二条 游泳馆的承包经营期限为9年,自XXXX年XX月XX日起至XXXX年XX月XX日止,期满后在同等条件下乙方可以优先续签。
第三条 游泳馆承包经营期间,前三年免缴租金,乙方从XXXX年XX月XX日起开始向甲方缴纳租金,XXXX年XX月XX日至XXXX年XX月XX日每年缴纳租金10万元;XXXX年XX月XX日至XXXX年XX月XX日,每年缴纳租金15万元。租金于每年月日之前一次性缴清。(上述承包经营期以实际交付日期为准)
第四条 甲方的责任和义务
1、负责游泳馆及附属用房的水、电、通讯、空调和水加温等设施配套到位并安装好计量表(附资产明细表)。
2、运行二个月内,确保游泳馆及附属用房的房屋及设备正常运作。
3、积极鼓励和协调各中小学校开设游泳课,把游泳馆建成XXX中小学生的教育活动基地。
4、本合同期限届满或终止,在结清全部租金、各项费用和可能发生的滞纳金、违约金、赔偿金后一个月内,将履约保证金返还乙方(不计利息或补偿)。
第五条 乙方的责任和义务
1、在承包经营过程中必须遵守国家有关法律法规,做到依法经营,自觉接受相关职能部门的监督管理,维护游泳馆的对外形象。在承包经营过程中不得转包和改变游泳馆及附属用房的体育功能。
2、承包经营游泳馆及附属用房的一切经济、法律和安全的责任均由乙方承担,所涉的税收、规费等亦由乙方负责缴纳。
3、承包经营游泳馆及附属用房期间,必须有明确的救生安全等责任措施,对游泳馆工作人员和顾客的安全负全责。
4、承包经营游泳馆及附属用房期间,承担游泳馆及附属用房设备的保养、维修、管理和运行的所有费用并按规定及时支付。
5、承包经营期间,游泳馆每年开放时间不少于240天(含白天与晚上),每年根据甲方需要,向甲方无偿提供使用游泳馆12天(含白天与晚上);
6、对学生上课应积级配合并做好各方面的服务工作,费用给予优惠,具体收费标准,甲乙双方另行协商并报县物价局核准。对老年人、残疾人应按规定给予优惠。
7、本合同签订后三十日内,即向甲方支付履约保证金人民币十万元,该保证金可用于清偿可能积欠甲方的租金、各项费用、滞纳金、违约金、赔偿金等。
8、本合同期限届满或终止,须将承租的游泳馆及附属用房按可经营现状完好地交还甲方(其中乙方投入的不动产归甲方无尝所有,可动产归乙方处置)。
第六条 违约责任:
1、甲方无故干扰乙方正常营业,造成乙方较大损失的,视为甲方违约,乙方有权终止本合同,并可按照合同法追究甲方的经济责任。
2、有下列情形之一的视为乙方违约,乙方应承担相应的违约责任,甲方有权终止本合同并没收履约保证金。
(1)乙方不支付租金或者延期支付租金达三十天以上的;
(2)乙方所欠费用累计达五万元以上的;
(3)未经甲方同意,乙方将游泳馆及附属用房转包给第三者(包括与他人合伙经营)的;
(4)乙方擅自改变游泳馆及附属用房的用途或房屋结构的;
(5)乙方在承包经营中进行违法活动或损害公共利益的。
第七条 本合同因下列情况可终止:
1、一方违约,另一方可按本合同的规定终止合同;
2、双方协商一致同意终止合同;
3、因法定不可抗力的情况发生;
4、因法律法规政策规定的原因,导致本合同无法继续履行。
除上述第1项外,甲、乙双方均不承担合同终止的责任。
第八条 本合同签订之日,双方应出具详细的资产明细表。
第九条 乙方返还游泳馆及附属用房的时间,为本合同期限届满后的壹个月内。
第十条本合同履行过程中如发生争议,由双方当事人协商解决,协商不成的可依法向当地人民法院起诉。
第十一条 本合同未尽事项,经双方协商另行签订补充合同,补充合同与本合同具有同等法律效力。
第十五条 本合同一式陆份,甲、乙双方各执三份,经双方代表签字盖章后即行生效。
一起享受水带给我们的快乐
健康是全家的财富
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11  发表于: 2015-08-07

The site chief reporter  Li Zhen group reported reporter  Luo Fu Yun informed, the National People's Congress in Beijing on January 10, 2013 13:58 in Talent Education Research Institute on behalf of the Luo Jun comrades led to promote sports project team to develop the business Natatorium programs is get permission for the use the following contract.

Analysis of Nanjing Natatorium loss case

The past two days despite the temperature is not high, but many of the citizens of Nanjing still prefer the pool swim twice. Summer is the peak season for swimming, swimming complex in Nanjing operators was not happy: Although many people but still losing money, but she did not dare to prices, because a three to four swimming tickets have been shouting too much for the public .

Policies "to raising body" wider

Swimming pool that seems to be a good way to guarantee loss subsidies by operating other projects, National Fitness Center has encountered a policy bottlenecks.

Yesterday, the reporters in the East Zhongshan Road, National Fitness Center in a circle, all operating dozens spacious first floor window dressing room shutter doors closed, security smile shaking his head, "were shut for a few months, no longer operating. Both sell swimsuits, swimming goggles, racket, shirt, that a customer! people to the National Fitness Center purpose is fitness, not going shopping, say, the next is the 'central', the new 100, the largest shopping district selling swimwear anything. contrary economic laws of citizenship. "

National Fitness Center Marketing Manager Yuan, explaining the root causes, "mandatory for government departments, will only be allowed to operate a sports-related projects in the building of the National Fitness Center, In other words, you can only sell sports products, extend to sports apparel, not prospective operators of other commercial projects this one put all the merchants blocked. stays for more than a year, on the first floor light selling sports apparel, equipment and there is no market, the loss is too large, simply collective withdrawal has been idle for a few months, the next step do not know can you do? "

The several just swim beach public turn around looking for a place to buy food, they are surprised, and asked. Such a good location, such a good space, why not offer some restaurants, tea house, chess room? Hungry after the swim, the entire building can not find food, sit down and drink can not find a cup of water, recreation place your full sell some swimsuit goggles, that stuff can be used to buy back a few years, the market this? shop people need not open, people do not need to open the shop. why the Government has set the restricted area, and will only be allowed to operate sports class project? engaged in tertiary industry, open Teahouse, both for the convenience of bathers, and increase tax revenue, why not? "

Government to these subsidies and preferential treatment

A Secretary-General of the Federation of Nanjing Sports revealed, Nanjing 106 swimming complex, divided into several types, one is not for the purpose of making money, such as hotels, restaurants, supporting swimming pool, enterprises, universities, troops swimming Museum, not cost-effectiveness for the center; Another type of social investment aims to return some of the problem, is not successful, such as the the Qinhuai flowing water world, no longer operating, suddenly closed. Water, electricity, fuel and other costs are increasing, such swimming natatorium venues such as hotels, colleges and universities are not for the purpose of making money to compete on the same stage, the tickets given high, they do not come naturally operating in a difficult. Earlier, governmental organizations, sports personalities to study abroad, found that many developed countries have implemented financial subsidies swimming complex of social investment, the number of the approved subsidy amount according to the number of participants, such as Spain, the swimming club, as long as there are more than 10 person to swim the government give subsidies. Our cities has not yet been financial subsidies to the precedent of the swimming pool complex.

Very dissatisfied with the current use of the swimming pool complex, the official "the Nanjing Many swimming venues not to society are all open, a lot of time idle, enough to eat, do not take full advantage of some local government financial investment in redundant construction problem fragmentation, such as college swimming complex, not control, is a Department of Education pipe Sports Bureau, you tell it to the outside world, security, health funds who is responsible, who foot the bill? swimmers injured who is responsible? status quo government points block inputs each for the king, the utilization rate is not high. "

The industry believes that swimming service is a special industry, strong seasonal winter tourists, business risk, resulting in a lot of businesses Fear to Tread. The operation of the swimming pool complex, the premise of following the rules of market economy, the need for government support, because this is not just an industry management issues, but also the needs of the community, with a certain amount of social welfare undertakings.

[Appealed] huge swimming pool complex in Nanjing popularity not guarantee losses

[Public shouting your swimming pools shouting loss] annual card wasted time ticket is too expensive

National Fitness Center: electricity, water and gas prices, the peak season is not to make money

National Fitness Center: an annual card 1880 yuan 35 yuan to buy time tickets

Around 8:00 last night, the reporter met Mr. Luk just Nanjing National Fitness Center Natatorium swim beach, inside the constant temperature of 28 ℃, very comfortable, and still feel the heat coming up. "Mr. Deng said, he handled a card $ 1880 Natatorium years. "Now think of it more or less some regret." In the hands of this years card Mr Luk also bought some brooding. Began in May this year, would like to swim, the impulse to spend half a month's wages, handed down a year card. "Mr Luk said the annual National Fitness Center Natatorium card valid for one year, the daily limit with time. "Do not use the time can not back extended, but I can not go every day ah!" Lu said, busy with work, he can only keep one week up to swim three times now, if long-term no annual card only once choose to freeze the card, the time for three months. "Have not thought about the summer is over how to do, to swim in winter often is unrealistic." Mr Luk said, reluctantly card of this year is likely to more than half so was wasted.

It is understood that, if you do not buy a year card, National Fitness Center Natatorium pay-per-ticket price of 35 yuan each. "This is not worth, I swim frequency, it will cost 420 dollars a month, my month's salary will be 3,000 dollars." In Mr. Luk's eyes, is not a small expenditure.

Mr Luk also told reporters, with sales in the swimming pool and swimming utensils Price your side, "an ordinary swimming goggles necessary 60 dollars, these are additional expenses." Mr. Luk clearly remember the first to come here to swim, the staff told him that under the pool must wear swimming caps, Luk unprepared for such provisions. "No way, and had to spend 30 dollars to buy only the most common swimming cap.

Taiyanggong: two months of summer vacation the family swimming owned spend a thousand dollars

"The kids want to come here to play, no way, I had him dragging over last Wednesday afternoon, Ms. Sun son Nanjing the Taiyanggong swimming center out look of boundless excitement side of Ms. Sun has a look of helpless . This day is a working day, the Taiyanggong swimming center fare fight tickets, should be 60 dollars per person. Ms. Sun son this year just 10 years old, you can head almost five meters, which has more than children under 1.4 meters of the swimming center half-price ticket offers standard.

"Children on summer vacation, stay at home every day, clamoring to swim, he was the one person I do not trust, so I had to stay with him." Ms. Sun said, as long as he took his son to come here to swim beach, spend at least 120, and I love all the general staff, for us, so the cost is a bit of luxury. "However, in order to let his son happy, Ms. Sun said she had admitted.

"We usually do not choose the weekend, weekend fare is $ 100, and more too much." Because his son has a holiday, Ms. Sun to find a less busy workday to leave the unit, took his son to swim. "Sometimes I do not have time, the father of the baby you taking the time to change that I brought him here." Ms. Sun said, basically they are a family of three can not be together here. "180 dollars for the whole family to get in to."

Ms. Sun is an average of one week with his son to play twice Taiyanggong swimming center. "Entertainment friendly side, he also do not want to go somewhere else." Ms. Sun said, her own into the swimming pool is mainly childcare, the way the cool. "If children spend so much money to travel time swimming I am sure that is not acceptable." Ms. Sun forget about the children two months of summer vacation time, swimming expenditure of at least a thousand dollars. She said she looked forward to September is right around the corner, quickly returning the child to the school.

The streets of follow-up: how much the fare before

Subsequently, the reporter visited the some ordinary citizens Nanjing. "General annual summer weekend, I will go for a swim, purely to summer heat play." The public Miss Ma said, she was able to accept the price is less than $ 50 each. "If the fare is again high, I'm going to think it is worthwhile got."

Public Zhang is a swimming enthusiasts every summer swimming regarded as fitness. "I rarely go more upscale swimming places. Generally go to some of the lower school pool, Zixia Lake sometimes go play." Mr. Zhang said, "We also hope that the Nanjing swimming places charge close to the public each 15 yuan more appropriate. "

Two years ago, the first-class facilities, a full-service national fitness center opened, it is fun for a while, to attract the public's eye, people come to the center is mostly directed at the swimming pool, located the Xinjiekou Daxinggong good lot of it earned a lot of popularity. But today, talk about the operation, marketing manager of Deng Hanping was not laughing, "spending too much cost, to make ends meet, over a thousand million loss for the past two years."

National Fitness Center: The cost is too high a big loss

Right now is the swimming complex operating season, swimmers doubled, the people busy to bring Caiwang not. Denghan Ping said: "Although we peak at the same time there are seven or eight hundred people swimming, but we have been debt management, even though the peak season is not to make money. Now we Summer adult ticket is 35 yuan a winter is $ 30 one, if the swimmers are purchased leaflets votes come in, the operators just flat. vast majority of swimmers are year round ticket card holders, the price is quite low. want to swim card ticket, at very favorable pricing, profit margins are low. 1880 yuan swimming in card, the the swimmers average per swim price but with about $ 5 than ordinary bath bath prices are low, and the amount of water of the swimming pool is twice that of the public baths. "

Luoping just T operating account manager, told reporters Luo Fu Gansu, water, electricity, coal prices in recent years continue to rise, especially this year, prices rose significantly dare Natatorium fares rose more National Fitness Center swimming pool every day energy consumption and equipment maintenance, staff wages and other costs nearly million the other hand, in recent years, only the price of coal in less than three years rose 1 times single utilities, generated hundreds of thousands of dollars per month the cost. "

According to industry sources, the the Qinhuai District Living Water World, E era health club suddenly closed the event, are pricing too low losses and high pricing was not any people, only their teeth 赔本赚吆喝, the last hold out no longer, Walking over, many swimmers do a membership card unassisted. The swimming complex is profit or even a loss line of business, the market completely is difficult to survive.

Baixia Natatorium: thanks sauna support

10 o'clock on the morning of June 20, the reporter came to the edge of the Muxuyuan Street Baixia swimming pool, despite the hot weather windy, but the swimming pool is the general iron door, the door was locked, no one swimmers. Talk about the business situation, Mr. Rowe is responsible for the operation of very reluctantly, pointing to the side of the sauna, not thanks to the sauna business support, swimming pool do not make money. "

The Mr. Luo Qiazhao his fingers Road, "We are open all year round, and now natural gas prices powerful, water prices, winter heating costs are high. Swimmers come here mostly consumer card, the average share of down Each time was more than 5 yuan, there meals, fitness programs only eighty or ninety per day, less winter comes, ultimately spending certainly a loss of Nanjing real summer days of temperatures above 35 degrees Celsius, but a month , more time to pay for a ticket, we sell 30 a ticket. said frankly, busy as a year, only this will be able to profit-making year, more than nine tenths of the time do Kuibenmaimai. Natatorium Who opened it it. "

It is understood that the the Baixia natatorium is to invest in the construction of private owners, opened in August 2005, the operators over the past two years, has been carrying on the deficit. Thanks to the boss next to the swimming pool, huh sauna sideline, the formation of summer to engage in swimming, the other seasons engage sauna, flexible operation, and then been able to sustain. "Such a good venue, but wants to come, too bad if public finances subsidies point, our swimming pool will be able to organize some activities, swimming fitness, so more people will allow existing venues to play a greater role. relies entirely on self-supporting, the market, who would also like to do the swimming pool? "remarks yueyahu district residents thought-provoking.

Jiangnan literati pivot 苑 pool: a loss of 4,000 yuan for a summer

For fitness needs of residents, some residential areas have also built a swimming pool, but the reporter found that almost all residential swimming pool are living beyond their means.

Green and Property Tujing Li is responsible for the operation and management of the Jiangnan literati pivot Court pool to reporters just T breakdown of pool water are on business, commercial water last year, prices per ton increased from 2.3 yuan to 3.4 yuan, much higher than the civilian water prices. both water to 1,600 tons, for once a month, plus the loss of water recycling, water rinse shower room, spent several tons every day. drug treatment we use is imported disinfectant, is also a Expences there filter bag, a 600 yuan, a summer use 10, is 6000 yuan labor costs, a person responsible for selling tickets, a lifeguard, but also every morning and evening cleaning, equal with the two-and-a-half wage of 800 yuan per person per month. doing the pool open seventy-eight two months, a total expenditure of about two million.

"This is the costs, income, mainly by tickets per person, during the peak season daily about sixty to seventy people, only 34 100 yuan a day income. Many do card residents, on average each time before A couple of dollars. ends meet, our pool is a summer to a loss of about 4,000 yuan. "

Southern Pool: cheap but idle years 11 months

Every summer, the swimming complex at various universities in Nanjing to attract a lot of people with its cheap price. The Southern Sports Ministry Gu, head teacher, told reporters the school swimming pool is usually open afternoon and evening, $ 5 each afternoon charges, night charges $ 6 per person for school personnel. Rather than school personnel to swim, the fare is only a dollar more expensive than school personnel, attracting many people nearby.

However, utilities school this year may no longer be assumed, This means that should not have more income to invest in the utilities. "Care teacher said a lot of pressure. It is understood that China Southern Airlines swimming pool is only open until the end of August, after only a month or so, other times basically in an idle state.

Taiyanggong: no other operators subsidize loss

Previously mentioned Taiyanggong swimming center fare, but Reporters learned that, if not to Taiyanggong other operating items supplement, swimming center has long been not hold anymore.

In this office Taiyanggong a Qiuzhu Ren told reporters pay utility bills, the Taiyanggong while the Jiangsu Electric Power Company subsidiary industries, but not preferential policies on water and electricity supply, and commercial water and electricity, water and electricity, fully in accordance with the commercial just the venue of the swimming pool complex and Taiyanggong hotel, belong to all of the limited liability company, Nanjing Sun Plaza, so there is no need to pay venue rental.

"The swimming center is very large electricity bill water bills to spend can imagine, also put a lot of staff to manage alone swimming center operators certainly can not support all the expenses." Qiuzhu Ren said, swimming center operation still need the company of other operating income supplement.



Natatorium contract

Party: Sports Bureau Party B: Contractor

XXX Natatorium first contract contracting business is located in the street XXX, XX, XX, XX Province, swimming pool construction area of ??about 3895 square meters (including all ancillary buildings, the official seal of the contract annexed Party The plan shall prevail).

The second swimming pool contracting business for a period of nine years, until XXXX XX XX XXXX XX XX, under the same conditions after the expiration of Party B may give priority to renew.

Third swimming pool contracting business during the first three years exempt from rent to Party B XXXX XX XX paying rent for years XX XX XXXX to XXXX XX XX 10 annual rent ten thousand yuan; XXXX XX XX XXXX XX XX, the annual rent of $ 150,000. Rent each year, the month before the date of a one-time paid. (The above contracting operations prevail in the actual delivery date)

The responsibilities and obligations of the Fourth Party

1, responsible for the swimming pool and ancillary buildings such as water, electricity, communications, air conditioning and water heating facilities supporting in place and installed the meter (with assets schedules).

2, running within two months to ensure the normal operation of the buildings and equipment of the swimming pool and ancillary space.

Actively encourage and coordination of primary and secondary schools offer swimming lessons, swimming pool built XXX the educational activities of the primary and secondary school students base.

4, the expiration of the term of the contract, or termination, in settlement of all rents, fees and may occur late fees, liquidated damages, within one month after the compensation will be performance bond return of Party B (without interest or compensation).

Article responsibilities and obligations of Party B

1, the in contractual management process must comply with the relevant state laws and regulations, to do business according to law, and consciously accept the supervision and management of the relevant functional departments, maintaining the external image of the swimming pool. Swimming pool and ancillary space sports features may not subcontract and change in the contractual management process.

2, swimming pool and ancillary space contracted management of all economic, legal and security responsibility borne by Party B. Party B involved in tax, regulatory fees are also responsible for the payment.

3, during the contracted management swimming pool and ancillary space there must be a clear life-saving safety responsibility measures, to take full responsibility for the Natatorium staff and customer safety.

4, the contracted management Natatorium and ancillary space during bear all costs of the maintenance of the swimming pool and ancillary space equipment, maintenance, management and operation of in accordance with the provisions of timely payment.

5, contracted during the period of its operation, the swimming pool every year open period of not less than 240 days (including day and night) every year according to the Party needs to use the swimming pool is provided free of charge to the Party 12 days (day and night);

6 students in class should actively cooperate with and good service, the cost of giving concessions, specific charges, both parties prior consultation and report to the county Price Bureau approved. The elderly, people with disabilities should be required to give preferential treatment.

7, within thirty days after the signing of this contract, namely pay Party A performance bond of one hundred thousand yuan, the margin can be used to pay off the rent may owe Party, fees, late fees, liquidated damages, compensation.

8, the expiration of the term of the contract, or termination, the required tenant swimming pool and ancillary space can operate status quo intact to surrender Party (including real estate owned by Party B inputs without taste, movable property owned by Party B Disposal).

Article VI breach of contract:

1, Party without cause interference Party B normal business, resulting in greater loss of Party B, considered asa breach of contract, Party B has the right to terminate the contract, and may be prosecuted in accordance with the Contract Law Party's economic responsibility.

2, a breach of the following circumstances as Party B, Party B should bear the corresponding liability for breach of contract, Party A has the right to terminate the contract and forfeiture of performance bond.

(1) Party B does not pay the rent or the deferred pay rent up to thirty days or more;

(2) Party B owed fees totaled more than 50,000 yuan;

(3) without the consent of Party A, Party B the swimming pool and ancillary space to subcontract to third parties (including partnership with others);

(4) B unauthorized changes in the swimming pool and ancillary space use or housing structure;

(5) Party B to carry out illegal activities in the contract operation or damage to the public interest.

Article VII of this contract may be terminated under the following circumstances:

One party defaults, the other party to terminate the contract according to the provisions of the contract;

2, both parties agreed to terminate the contract;

3, due to the statutory force majeure situation;

4, due to laws and regulations, policies and regulations, the contract can not continue to fulfill.

In addition to the one above, both A and B are not assume contract terminated responsibility.

Eighth date of signing of this contract, the two sides issued a detailed schedule of assets.

Article IX Party B to the return of the swimming pool and ancillary space, within one month after the expiry of the Contract period.

Article X of the performance of the contract in the event of a dispute, resolved by the parties to negotiation, the negotiation fails by law to the local people's court.

Article XI covered in this contract matters, signed a supplementary contract by mutual agreement, a separate, supplementary contract and this contract has the same legal effect.

Article 15 of this contract is in land parts A and B sides armed with three copies of the representatives of both parties signed and sealed, they line effect.
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