The Franchise Association and Franchise Binding – Contracting 2019, No. 1
In the leading legal scientific journal Contracting, Mr. Dolphijn wrote a contribution about common provisions in franchise agreements that stipulate that a franchisee must be a member of a franchisees’ association.
In this contribution, Mr. Dolphijn responds to the question of whether a franchisee is bound by agreements that the franchisees’ association makes with the franchisor. He concludes that this is not necessarily the case. Rules are included in the preliminary draft legislation on franchise whereby the franchisor requires the prior consent of a two-thirds majority of the represented body of the franchisees when implementing changes. How does this relate to, for example, association law?
The article can be ordered from the publisher via the following link: https: //bit.ly/2UYCZii
mr. AW Dolphijn – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Do you want to respond? Go to dolphijn@ludwigvandam.nl
![242Foto-doorlichten-fr.org](https://www.ludwigvandam.nl/wp-content/uploads/2020/12/242Foto-doorlichten-fr.org_-scaled.jpg)
Other messages
The preliminary agreement
The European Code of Honor on Franchising has already been discussed in this series of articles.
Sale of the franchise organization, consequences for the franchisees?
Last week it was announced that the HEMA organization may be sold by Maxeda, the owner of the organization.
Indemnification II – Failed Forecasts
A special form of indemnification consists of exoneration clauses that attempt to indemnify the franchisor against incorrect forecasts.
Incorporation of the franchisee’s business into a private limited company
When the franchisor and franchisee conclude their franchise agreement, in most cases there are franchisees
Price maintenance always leads to nullity?
Under competition law, it is not permitted to include so-called resale price maintenance in franchise agreements
Again turnover-related rent
In an earlier contribution to First Formula (November 10, 2006) about turnover related issues, I asked the question whether unilateral change