Changes to the franchise formula and the right of consent
An article by Mr. was published in the leading legal scientific journal “Contracteren”. Alex Dolphijn of Ludwig & Van Dam Advocaten with the title: “Changes in the franchise formula and the right of consent”.
The right of consent of franchisees when changing the franchise formula can be a brake on innovation and effectiveness for franchisors. The Franchise Act creates opportunities for the franchisor to limit the right of consent. These possibilities for expansion could be at the expense of the intended protection of the franchisees. It is being investigated whether there should be more room for a weighing of interests.
The article can be downloaded here .
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl
Other messages
The further determination of the rental price of business premises at the request of the lessor/franchisor or the lessee/franchisee
Does the (sub)tenant/franchisee still pay a competitive rent for the leased business space?
Partial indebtedness of entrance fees due to lack of turnover and non-delivery of contractual performance by the franchisor
The franchisee rightly invokes unforeseen circumstances due to the lack of turnover and successfully claims moderation of the entrance fee due.
Termination of the franchise agreement does not automatically lead to termination of the sublease agreement
Franchisor terminated the franchise agreement with the franchisee. The franchise agreement stipulated that termination of the franchise agreement would also terminate the sublease agreement
Despite the franchisee’s counterclaim, the franchisor justified dissolution of the franchise contract
The Rotterdam court recently ruled that payment arrears of more than € 80,000 is sufficient for the franchisor to dissolve the franchise agreement.
Actually using a building, but without a lease
In franchising, it often happens that the business premises from which the franchisee operates his business
Switching franchisee from one franchise organization to another is not without risks
The court in Amsterdam recently ruled in a case where a franchisee switched from one franchisor to another, in the same industry.