What are my rights as a franchisee?
Before the Seminar: The Franchise Statistics that Ludwig & Van Dam attorneys organizes on October 3, 2024, there are still a few places available. In addition, Ludwig & Van Dam Advocaten will also participate in The National Franchise Fair . You can register for both events with us.
On October 11, 202 4 at 11:00 am the seminar “What are my rights as a franchisee” will be held at the fair. The following will be discussed:
Is it certain that a franchisee will never be dissatisfied with the cooperation with the franchisor? Of course not. It is good that the franchisee knows in advance what rights he has. Surprisingly enough, we see that people who are considering becoming a franchisee, or are already franchisees, do not know what their rights are.
Of course, the franchise agreement contains rights and obligations, but that is certainly not the only thing. The law is above the franchise agreement and it is clear that sometimes even prohibited agreements are included in franchise agreements.
The prospective franchisee has the right to receive all kinds of information about the formula and the collaboration in a timely manner. This goes quite far. For example, if there is a takeover of an existing establishment, the franchisor must share the financial data thereof. If it concerns a new establishment, the franchisor must provide financial data of a comparable company. The franchisor must then make clear on what grounds he considers these to be comparable.
Another right of the franchisee is that, in case of changes in the earning model of the formula, the franchisee must always be informed in advance. The franchisee must be able to form an opinion about the plan.
There are many other rights of franchisees and prospective franchisees that may not be so well known, but are essential to know, even if the collaboration is going well.
On October 11, 2024 at 11:00 a.m. Alex Dolphijn will give a seminar on these issues at the National Franchise Fair. Of course, we will also be present as an exhibitor on October 11 & 12, 2024.
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl
Other messages
Forecasts at startup franchise formula
The Amsterdam Court of Appeal ruled on 14 February 2017, ECLI:NL:GHAMS:2017:455 (Tot Straks/franchisee) on the question whether the franchisor had provided an unsatisfactory prognosis and whether the
Mandatory transfer of franchise business to franchisor?
On January 23, 2017, the District Court of Amsterdam, ECLI:NL:RBAMS:2017:412 (CoffeeCompany/Dam Spirit BV) rendered a judgment on the question whether a franchisee upon termination of the cooperation
Transfer customer data to franchisor
In its judgment of 10 January 2017, ECLI:NL:GHAMS:2017:68 (OnlineAccountants.nl), the Amsterdam Court ruled, among other things, on the question of how customer data should be transferred.
Franchise Closing Sale – Who Gets the Sale Proceeds?
The judgment of the District Court of the Northern Netherlands dated 12 October 2016, ECLI:NL:RBNNE:2016:5061 (Administrator/Expert Group and Rabobank), focused on the question whether the franchisor, together with the bank,
Column Franchise+ – mr. Th.R. Ludwig: “Judge: franchisor’s duty of care comparable to that of a bank”
Various judgments in 2016 made it clear how high the standard of care for a franchisor towards its franchisees is.
Use of the internet and social media: court expands options for franchisees
In principle, the franchisee may not be prohibited from having its own website in order to also or even exclusively sell its products or services via the Internet.