Goodwill of the franchisee
In a franchise partnership, goodwill often plays an important role. This aspect can be decisive for the success of both the franchisor and the franchisee and requires clear agreements and mutual understanding, which fits within the legal framework. Goodwill as a value for the franchise
Goodwill represents the intangible value of a franchise formula. This includes name recognition, customer trust and brand image. For franchisees, formula goodwill is often a critical part of their investment, as it provides them with access to a proven business model and a recognizable brand. Franchisors have the responsibility to maintain and strengthen this goodwill. This can be achieved through consistent quality, marketing efforts and innovation. Goodwill also has a direct impact on the value of locations, which influences the success of individual franchisees. Franchisees can also build their own goodwill with their business, in addition to that of the franchise formula. This can be done by strategically investing in their business’ reputation and customer relationships within the framework of the franchise formula. Here are some ways franchisees can increase goodwill: Consistent customer experience
Ensuring an excellent and consistent customer experience is essential. By treating customers kindly, providing high-quality service and resolving issues quickly, a franchisee builds a good reputation in the local community. Local Involvement
Active participation in the local community strengthens the visibility and image of the company. This can be done through sponsoring events, participating in local initiatives or collaborating with other companies in the region. Quality
Maintaining high quality standards in products or services and maintaining a clean, attractive location directly contributes to the perception of the company. A professional appearance inspires confidence in customers. Local Marketing
Targeted local marketing campaigns can help promote the franchisee’s brand and specific location. This can be done through social media, flyers, or local media ads, tailored to the needs and preferences of the community. Innovation and Adaptability
While franchisees work within the guidelines of the formula, they can respond to local trends and preferences within that space. This shows that the company remains flexible and relevant to customers. Investing in employees
Well-trained, motivated and committed employees contribute to the customer experience and strengthen the company’s image. By investing in training and a positive work environment, the franchisee creates a team that is proud of the company.
Importance of clear agreements
The legal regulations regarding goodwill are aimed at transparency, fair distribution and protecting the interests of both parties. These rules are certainly not easy to implement.
A careful balance between goodwill in conjunction with other agreements is of great importance for a sustainable and successful collaboration. Clear communication and transparency between franchisor and franchisee strengthen trust and support the long-term success of both parties. Establishing this foundation ensures a stable collaboration and promotes the growth of the network.
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl

Other messages
Attorneys Ludwig & Van Dam look back on transition process C1000
Attorneys Ludwig & Van Dam look back on transition process C1000
Interview Mr. AW Dolphijn and mr. J. Sterk on transition process C1000
Interview Mr. AW Dolphijn and mr. J. Sterk on transition process C1000
Mitigation fine of franchise agreement at supermarket
On 22 April 2015, the East Brabant District Court ruled on a dispute between a franchisee and a franchisor (Emté Franchise BV).
Arbitration clause applicable to franchise agreement? Maybe not
An arbitration clause is occasionally found in franchise agreements.
(Directors’ and shareholders’) liability in the event of transfer or phasing out the franchise formula
(Directors' and shareholders') liability in the event of transfer or phasing out the franchise formula
Directors’ liability in the event of an incorrect forecast
On 4 February 2015, the Rotterdam District Court rendered a judgment on, among other things, the question of whether the director of a selling legal entity was liable.
