Article in Entrance: “How do I break it open?” (The fine print of a contract) – mr. AW Dolphin – January 2016
“I have had contracts running for years for the maintenance of my tapping installations.
I also lease a few cooling installations. Now I really want to get rid of it as soon as possible
of those contracts. I can easily maintain the tap installations myself
and I can take over second-hand refrigeration installations cheaply.”
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Developments in competition law
Some time ago, the Netherlands Competition Authority (NMa) made a groundbreaking ruling that is of great importance to all franchise organizations in the Netherlands.
Transfer Arrangements
Franchise agreements usually include transfer arrangements
The right to the formula name upon termination of the franchise relationship
In practice, discussions regularly occur when the franchise relationship is terminated between a franchisor and one or more franchisees
The possibility of actively or not actively recruiting customers outside
Based on the relevant regulations, active recruitment activities by the franchisee are permitted
Customers, clientele and exceptions thereto
Some franchise constructions have the characteristic that the products or services in question are only supplied to certain consumers.
Intellectual property rights
In general, the nature of a franchise relationship implies that, on the basis of a franchise agreement