Revised agreement instit[1]...ffective 1st oct 2012
1. (To be executed on Non Judicial stamp paper of Rs. 100/-)
AGREEMENT
This Agreement is entered on this …………. day of ……………2012, by and between:
Frankfinn Aviation Services Private Limited, Unit: Frankfinn Institute of Air Hostess Training, a
Company incorporated under the Companies Act, 1956 and having its registered office at 721, Suneja Tower
– II, District Centre, Janak Puri – 110 058, New Delhi, India acting through its Authorized Representative Mr.
_______ (hereinafter referred to as „FRANKFINN‟ which expression shall include its legal representatives,
successors in business and assigns);
AND
M/s …………………………, incorporated under ……………. law of ……………..India, having its registered
office at ______________________________acting through its ___________________, Mr
……………………… (hereinafter referred to as „INSTITUTE‟ which expression shall include its legal
representatives, executors and successors in business).
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2. WHEREAS
1. FRANKFINN is, inter-alia, engaged in the business of providing vocational courses (list of courses is
attached at Annexure - 1) in Aviation, Hospitality, Travel Management and Customer Service.
2. INSTITUTE is engaged in ____________________________________________________.
3. INSTITUTE has represented to the Frankfinn that it has requisite capacity & sufficient resources,
basis which it has substantiated the interest to promote the Frankfinn courses among the students.
4. FRANKFINN relying on the representation has agreed to enter into this agreement with INSTITUTE
on the terms and conditions contained hereunder:
NOW THIS AGREEMENT WITNESSETH AS UNDER:
1. Obligations of INSTITUTE.
1.1 INSTITUTE agrees to undertake the following activities:
a) to promote & generate enquiry for FRANKFINN‟s Vocational Courses in Aviation, Hospitality,
Travel Management and Customer Service;
b) source the prospective students by counseling, presentations & convincing, who may intend to
undergo FRANKFINN‟s courses;
c) to check, verify & certify the eligibility criteria (including the testimonials), as laid down by
FRANKFINN before recommending any student to Frankfinn. (kindly see the Annexure-2 for eligibility criteria
in FDAHTM/ FPGDAHS course)
d) to facilitate FRANKFINN in verification of the prospective student‟s eligibility criteria, whose decision
will be final in all circumstances, for accepting & registering them for the said course.
1.2 INSTITUTE shall conduct its activities under this Agreement at its own cost and expense.
1.3 INSTITUTE shall ensure that all the information of applicant being provided to FRANKFINN is true,
correct and to the extent applicable, is supported by the relevant proof thereof. FRANKFINN may also
from time to time specify the format in which the applicant‟s information shall be provided by INSTITUTE.
1.4 INSTITUTE shall without fail make a clear representation to the applicants that :
a) forwarding their detail to FRANKFINN is a mere recommendation of their application and does not
warrant their admission to FRANKFINN Course.
b) The admission of applicants would be subject to the verification of eligibility criteria of the applicant
by FRANKFINN and fulfillment of applicable norms & documents by the student.
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3. c) The fee and its structure will be as specified by FRANKFINN from time to time;
d) There is no job Guarantee given by FRANKFINN to its students completing the FRANKFINN
course.
1.5 INSTITUTE shall not accept any course fee or other amount of whatsoever nature, in any form, from the
prospective student, including but not limited to even any service rendered by the INSTITUTE in
connection with their admission to „ Frankfinn Courses „, from the prospective students or any other
person do any financial transaction of any nature , whatsoever , or other obligation on behalf of Frankfinn
or otherwise.
2. Obligations of FRANKFINN.
2.1 FRANKFINN shall provide to INSTITUTE at the earliest all the information and clarifications regarding
the eligibility criteria for admission, training course, approvals/ clarifications on any promotional and
advertisement material, etc.
2.2 FRANKFINN shall immediately inform INSTITUTE on the admission of an applicant to the course and
receipt of requisite course fee from the student.
3. Principal to Principal
The relationship between FRANKFINN and INSTITUTE will purely be on Principal to Principal basis and
each party is responsible for the performance of its obligations under herein at its own, cost and
expense.
4. Consideration of INSTITUTE.
4.1 FRANKFINN shall pay to the INSTITUTE, the following fee, in the manner as laid hereunder:
Admissions Eligibility of Fee
(Per Month
Basis)
FDAHTM FDHTCS FPGDAHS FPGDAGS
Rs.10,000/- Rs.5,000/- Rs.10,000/- Rs.10,000/-
Base rate
per per per per
admission admission admission admission
If admissions = 2
Rs.15,000/- Rs.15,000/-
(From 1st
per per
admission) NA NA admission admission
If admissions 3 &
Rs.20,000/- Rs.20,000/-
more (From 1st
per per
admission) NA NA admission admission
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4. 4.2 The above commission will be calculated based on all admissions, on monthly basis.
4.3 The payment will be released as per below guideline:
a. 50% within 7 days after the student pays the Batch Start Fees.
b. Balance 50% after students joins the batch after paying the BSF, completes 1 month of training and after
paying the 1st installment.
4.4 INSTITUTE shall raise an invoice on FRANKFINN for its fee only after the admission of the students to
the course.
4.5 FRANKFINN shall be entitled to deduct statutory taxes, duties, levies as applicable from time to time,
from the Consideration payable to the INSTITUTE. FRANKFINN shall also be entitled to deduct any
excess remittance made earlier or any other dues recoverable by FRANKFINN from the INSTITUTE
whether on account of this Agreement or otherwise.
5. PROHIBITION OF CERTAIN TRANSACTIONS BY INSTITUTE.
During the term of this Agreement, the INSTITUTE shall not without the prior written consent of
FRANKFINN directly or indirectly engage in the activities, which are in direct competition with the
activities envisaged in this Agreement. For the removal of doubt the INSTITUTE shall not deal with any
other Institute/ Academy/School/College carrying on the activities identical or similar to the activities of
FRANKFINN.
6. CONFIDENTIALITY AND NON DISCLOSURE.
6.1 The terms of this Agreement and all the information, material, data relating to the business of
FRANKFINN shared by FRANKFINN with INSTITUTE, whether in written or in oral form, through any
media, pursuant to this Agreement shall be “the Confidential Information” of FRANKFINN. INSTITUTE
agrees that it shall not without prior written consent of FRANKFINN divulge the existence of the contract
or disclose or use any of the Confidential Information for any purpose.
6.2 Confidential Information and all copies or reproductions thereof shall be returned to FRANKFINN or
destroyed immediately upon the first written request of FRANKFINN or upon termination of this
Agreement.
6.3 INSTITUTE agrees that any unauthorized use or disclosure by INSTITUTE of any of the Confidential
Information in violation of this Agreement will cause FRANKFINN irreparable injury for which it may
have no remedy at law. Accordingly, the FRANKFINN shall be entitled to seek equitable relief in order to
protect its interests therein, including but not limited to immediate injunctive relief, as well as monetary
damages.
6.4 The aforesaid terms and conditions of Confidentiality shall survive for a period of two years after the
expiry or termination of this Agreement.
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5. 7. TERM & TERMINATION
This Agreement, effective for a period of One year from _________ upto ___________. Thereafter this
Agreement may be extended by mutual agreement in writing.
Notwithstanding the above, either Party, with or without cause, may terminate this Agreement at any time,
upon 30 days prior written notice to the other Party. Further, FRANKFINN may immediately terminate this
Agreement if INSTITUTE breaches any term and conditions given in this agreement.
8. LIABILITY
INSTITUTE agrees to indemnify and hold Frankfinn harmless against any liability incurred by Frankfinn in
connection with any demand, claim or action raised against it due to misrepresentation of any sort ,
whatsoever and / or any unauthorized transaction made by you or your staff with the the candidates/
students.
9. JUSRISDICTION
The Parties herein agree that this Agreement shall be governed by and construed in accordance with the
laws of India. The Courts at New Delhi shall have the exclusive jurisdiction to try disputes/ differences
arising out of or related to this agreement.
IN WITNESS whereof the Parties hereto have executed these presents on the date and at place mentioned
hereinbelow:
FOR AND ON BEHALF OF INSTITUTE FOR AND ON BEHALF OF FRANKFINN
Signature : Signature:
Name : Name:
Date : Date :
Place : Place :
WITNESS:
1.
2.
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6. ANNEXURE - I
LIST OF COURSES
1. FRANNKFINN DIPLOMA IN AVIATION HOSPITALITY AND TRAVEL MANAGEMENT (FDAHTM)
(Duration 12 months)
2. FRANNKFINN DIPLOMA IN HOSPITALITY, TRAVEL AND CUSTOMER SERVICE. (FDHTCS)
(Duration 12 months)
3. FRANNKFINN POST GRADUATE DIPLOMA IN AVIATION AND HOSPITALITY SERVICES.
(FPGDAHS); (Duration 12 months)
4. FRANNKFINN POST GRADUATE DIPLOMA IN AIRPORT GROUND SERVICES.(FPGDAGS)
(Duration 12 months)
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7. ANNEXURE – II
ELIGIBILITY CRITERIA (For FDAHTM/ FPGDAHS Course)
Qualification : 10+2 pass ( Minimum ); For FGDAHS: Pursuing FY, FY Passed Out/ Graduate
AGE: 17 – 24 Years.
HEIGHT : Airlines‟ Cabin Crew Requirement :
5‟ 2” (157 CMS) For Girls and 5‟ 7” (170 CMS) For Boys
Minimum Height for Selection in FDAHTM in Aviation , Hospitality and Travel Management one Year
( Part Time ) Frankfinn Course : Girls Minimum 5 feet ( 153 cms ) and for Boys Minimum 5‟ 5” ( 165
cms ) with an undertaking from these students that they have been informed by the centre staff that
they cannot apply for cabin crew jobs in airlines .
No candidate should be admitted below this height.
Weight: Ideal weight Proportion to his / her height as per Height Weight Standard Medical Chart.
If a candidate cannot speak/understand English at all he / she should not be selected. A candidate
with average English communication skills can be selected, if he/she gives undertaking in CH Form
that he/she will improve his/her communication skills. But a candidate with poor English
communication should not be selected at all.
If the candidate has very poor physical appearance e.g. very dark complexion, very fat, very thin,
etc., he / she should not be selected at all.
Candidate who stammers, lisp, limps, has squint in eye or any other visible physical deformity or
disability should not be selected at all.
Married girl candidate should not be selected.
Eye-sight should be normal (6/6) or can be 6/6 with the help of contact lens. In case, a candidate is
wearing spectacle, he or she should be informed and in the CH form the candidate should mention in
his /her handwriting that he / she has been informed / advised to use contact lenses and not
spectacles while applying for jobs after completion of the course.
There should not be any visible scar of any nature, whatsoever, on face, neck, hands, legs, etc. –
visible parts of the body.
No candidate should be selected with chronic diseases like Asthma, Diabetes, etc. which can render
him ineligible for jobs in Aviation, Hospitality and Travel / Service sector organisations.
No physically and / or mentally handicap person, in any manner, whatsoever, will be admitted to the course.
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