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. 

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Not an exclusive catchment area, but still exclusivity for the franchisee

The judgment of the District Court of Noord-Holland dated 18 April 2018, ECLI:NL:RBNHO:2018:3268, ruled on the exclusivity area of ​​a franchisee.

Termination or dissolution of the franchise agreement by the franchisee

In principle, franchise agreements can be terminated prematurely, for example by cancellation or dissolution. On 21 March 2018, the District Court of Overijssel ruled on ECLI:NL:RBOVE:2018:1335 on

Column Franchise + – mr. Th.R. Ludwig: “Fictitious employment: DBA Act shifts responsibility”

The Deregulation Assessment of Labor Relations Act (Wet DBA) has been in force for some time now.

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