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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Ludwig & Van Dam Legal Franchise Statistics 2018
Ludwig & Van Dam attorneys are the only periodic publishers of franchise statistics on franchise disputes based on all published court decisions.
Ludwig & Van Dam in De Nationale Franchisegids 2018
The basis of a franchise relationship is the franchise agreement. This contains a number of conditions that the parties must comply with.
Ludwig & Van Dam Advocaten exhibitor (no. 2) at the franchise fair Onderneem ‘t! dated 19 & 20 April 2018
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Duty of care franchisor in the pre-contractual phase
The District Court of Limburg ruled on 6 April 2017, ECLI:NL:RBLIM:2016:2843, that the franchisor has a duty of care towards the prospective franchisee in the pre-contractual phase.
Franchisee avoids joint and several liability in private
In a judgment of 28 March 2018, ECLI:NL:RBROT:2018:2913, the District Court of Rotterdam ruled on the meaning of the clause in the franchise agreement stipulating that