Column Franchise+ – mr. J. Sterk – “Franchisee does body check better than franchise check”

Arnhem-Leeuwarden Court of Appeal 31 October 2017.

A gym embarks on a franchise concept that offers “Body Checks” and discounts to (potential) members in collaboration with health insurers. In addition to the franchise agreement, a cardio-scan machine had to be leased as part of the concept. The lease installments are fully reimbursed through the franchise agreement. On balance, the device therefore costs nothing and the franchisee will eventually become the owner of it. It sounds too good to be true. Unfortunately it was. 

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Is the franchisor allowed to implement certain announced changes/adaptations to the formula on the basis of the franchise agreement agreed between the parties?

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