Legal scientific publication: “Collective actions of franchisees” – dated April 2, 2020 – mr. AW Dolphin
An article has been published in the leading legal scientific journal “Contracting”. mr. Alex Dolphijn of Ludwig & Van Dam Advocaten with the title: “Collective actions of franchisees”.
It is discussed that if franchisees collectively organize their interests vis-à-vis the franchisor, they may, in principle, have materially more far-reaching powers to take action against (proposed amendments to) provisions in the model franchise agreement.
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Transfer Arrangements
Franchise agreements usually include transfer arrangements
The right to the formula name upon termination of the franchise relationship
In practice, discussions regularly occur when the franchise relationship is terminated between a franchisor and one or more franchisees
The possibility of actively or not actively recruiting customers outside
Based on the relevant regulations, active recruitment activities by the franchisee are permitted
Customers, clientele and exceptions thereto
Some franchise constructions have the characteristic that the products or services in question are only supplied to certain consumers.
Intellectual property rights
In general, the nature of a franchise relationship implies that, on the basis of a franchise agreement
Link rental agreement and franchise agreement
In franchise relations, the franchisor regularly makes business space available to the franchisee where the franchise establishment is operated.