The Franchise Association and Franchise Binding – Contracting 2019, No. 1
In the leading legal scientific journal Contracting, Mr. Dolphijn wrote a contribution about common provisions in franchise agreements that stipulate that a franchisee must be a member of a franchisees’ association.
In this contribution, Mr. Dolphijn responds to the question of whether a franchisee is bound by agreements that the franchisees’ association makes with the franchisor. He concludes that this is not necessarily the case. Rules are included in the preliminary draft legislation on franchise whereby the franchisor requires the prior consent of a two-thirds majority of the represented body of the franchisees when implementing changes. How does this relate to, for example, association law?
The article can be ordered from the publisher via the following link: https: //bit.ly/2UYCZii
mr. AW Dolphijn – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl
Other messages
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