On December 20, 2019, the District Court of the Central Netherlands
\n ECLI:NL:RBMNE:2019:6337 made a decision as to whether a
\n franchisee is required by the franchisor
\n to carry out shop fittings.<\/p>\n
\n A franchisor and franchisee have a franchise agreement with
\n closed each other. This franchise agreement contains provisions
\n about the design and associated appearance of the establishment of the
\n franchisee. Reference is made to regulations and instructions that
\n are included in the handbook of the franchise formula. That same day
\n parties have concluded an additional agreement in which they
\n have agreed that the franchisor will receive an investment fee
\n makes \u20ac 50,000.00 available to the franchisee for the renovation
\n of the establishment. The franchisor’s permanent interior designer has
\n made an elaboration of the corporate identity for the relevant branch
\n appearance of the franchise formula in a \u201cLay-out & Formula
\n Document”.\n<\/p>\n
\n Subsequently, the parties entered into a sublease agreement for the
\n franchise establishment. In addition to provisions on payment of rent, in
\n this sublease agreement stipulates that the tenant is obliged to use the rented property
\n to be completed within three months of being made available
\n and put into use. Provisions are also included regarding the design
\n of the leased property in accordance with the franchise formula.\n<\/p>\n
\n Because the franchisor believed that the franchisee was not complying
\n to the agreements from the franchise agreement, the supplementary agreement
\n and the sublease agreement by not (fully) renovating the store
\n in accordance with the franchise formula, the franchisor has a short
\n litigation started.\n<\/p>\n
\n After the first hearing on 21 November 2019, the parties have agreed
\n consulted and made agreements in response to the
\n points of contention. With these agreements, the franchisor has her
\n initial requirement that the establishment must be furnished in accordance with the
\n Franchise agreement, the sublease agreement and the Layout &
\n Formula Document has at least partly been released. This newly created
\n agreements are laid down in email correspondence. At the wish of the
\n franchisor to record the agreements in an official report
\n not meet the franchisee. At the request of the franchisor
\n the franchisee was sentenced in a judgment to the newly made
\n to fulfill agreements.\n<\/p>\n
\n In retrospect, the franchisor might have done better with this first
\n the amount of the investment fee the shop fitting to her
\n to grow your own taste. Only then would the franchise and
\n enter into a sublease agreement.<\/p>\n
<\/p>\n
\n mr. AW Dolphijn \u2013 franchise lawyer\n<\/p>\n
\n Ludwig & Van Dam Franchise attorneys, franchise legal advice. Want
\n you respond?\n<\/p>\n