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
Other messages
Prohibited Franchise Agreements: Conduct of Franchisees Among Others
Forms of franchising that do not involve a vertical relationship between the franchisor on the one hand and the franchisees on the other may be prohibited.
Formula change not justified – dated October 23, 2018 – mr. AW Dolphin
Formula change not justified
A new franchisor against will and thanks
Mergers between franchise organizations are no longer an exception. Multivlaai/Limburgia, DA/DIO, Emté/Jumbo are recent examples of this.
Supreme Court: Code of Honor regarding franchising has no legal effect – dated September 25, 2018 – mr. AW Dolphin
Supreme Court: Code of honor on franchising has no legal force
Franchisor wrongly hinders internet sales by franchisee – dated September 19, 2018 – mr. AW Dolphin
Franchisor wrongly hinders internet sales by franchisee
If your franchisor is your competitor
Franchising aims at cooperation. The franchisor should assist the franchisee in achieving mutual benefit from the operation of the formula. Sometimes this gets out of balance.