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.
Other messages
Know-how franchise formula now also legally protected
Know-how is one of the most essential parts of a franchise formula.
Franchisors may no longer impose changes to shopping hours
At the end of 2018, a draft of the “Freedom of Choice for Retailers (Opening Hours) Act” was presented.
Draft bill on franchising
A law is being drafted for the franchising industry to improve relations between franchisors and franchisees.
No franchise agreement, despite the designation
Not everything is what it looks like. Even if the franchisor and franchisee believe that there is a franchise agreement, the legal situation may be different.
Compensation for reputational damage to the franchisor
A developer of a digital platform for a franchisor had provided a platform that any third party could access.
Sale of a franchise company due to a non-competition clause: False construction or not?
Franchisees who are unwilling or unable to continue with the franchise company experience whether or not the non-competition clause is valid or not.