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
Franchisees: do not conclude arbitration clauses, but do take out legal expenses insurance
In conflicts between franchisor and franchisee, it often happens that the parties do not fight with equal arms.
Steady line in case law will be continued!
The judgment of the Supreme Court of 25 January 2002 has already been discussed several times in this series of articles.
Side effects of non-compete clauses
Many franchise agreements contain a non-compete clause, both during the term
Non-competition clause
Franchise agreements often include a non-compete clause
To rule is to look into the future
Supply and demand. Concepts that dominate the entire commercial world.
For clarity
The last period shows that discussions regarding goodwill payments at the end of a franchise partnership are still numerous.