The Restaurant Purchase Contract is a vital legal instrument used in Switzerland for transferring ownership of restaurant businesses. It is essential when acquiring or selling an operational restaurant, whether as an asset deal or share transfer. This document is structured to comply with Swiss federal and cantonal laws, including the Swiss Code of Obligations, food safety regulations, and local licensing requirements. The contract covers crucial aspects such as purchase price, asset transfer, employee transitions, operational licenses, and regulatory compliance. It's particularly important that the document addresses specific Swiss requirements for restaurant operations, including cantonal permits, hygiene certificates, and alcohol licensing. The agreement typically includes comprehensive warranties and representations regarding the business's compliance with Swiss regulations, financial status, and operational conditions. This contract type is fundamental for ensuring a smooth and legally compliant transfer of restaurant ownership while protecting both parties' interests under Swiss law.
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1. Parties: Identification of the seller and purchaser with full legal names, registration numbers, and addresses
2. Background: Context of the transaction, brief description of the restaurant business, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale and Purchase: Core transaction terms including the assets being transferred and excluded assets
5. Purchase Price: Purchase price, payment terms, deposit requirements, and adjustment mechanisms
6. Conditions Precedent: Conditions that must be met before completion, including regulatory approvals and licenses
7. Pre-Completion Obligations: Seller's obligations in running the business between signing and completion
8. Completion: Details of the completion process, timing, and deliverables
9. Warranties: Seller's warranties regarding the business, assets, employees, and compliance
10. Employee Matters: Treatment of employees, transfer of employment contracts, and related obligations
11. Post-Completion Obligations: Ongoing obligations after completion, including transition support
12. Intellectual Property: Transfer of restaurant name, logos, recipes, and other IP
13. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Non-Compete Clause: Restrictions on seller's future restaurant activities - optional but recommended for protecting goodwill
2. Property Transfer: Required if real estate is included in the sale
3. Earn-out Provisions: Optional mechanism for additional payments based on future performance
4. Franchise Obligations: Required if the restaurant is part of a franchise system
5. Environmental Matters: Specific provisions dealing with environmental liabilities - relevant for older properties
6. Third-Party Consents: Required if specific third-party approvals are needed for contract transfers
7. Tax Indemnities: Specific tax-related protections beyond standard warranties
8. Training and Handover: Optional provisions for seller to provide training to new owners
1. Asset Inventory: Detailed list of all tangible assets included in the sale
2. Equipment List: Specific listing of kitchen and restaurant equipment with conditions
3. Employee Information: Details of all employees, their contracts, and benefits
4. Lease Agreement: Copy of premises lease or transfer documentation
5. Licenses and Permits: List of all operational licenses and permits
6. Financial Statements: Recent financial statements and management accounts
7. Supplier Contracts: List of key supplier relationships and contracts
8. Intellectual Property Schedule: Detailed list of trademarks, recipes, and other IP
9. Property Details: If property included, detailed property information and conditions
10. Outstanding Liabilities: List of any liabilities to be assumed by purchaser
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