Lisanne Meijerhof


Lisanne is lawyer for corporate litigation, GDPR, and contracts
+31 20 301 55 55

Reinier Russell

managing partner

Reinier advises national and international companies
+31 20 301 55 55

Franchise, distribution and agency

Do you need help in drafting or reviewing a franchise, distribution or agency agreement? Are you in a dispute concerning the formation or fulfilment of such a contract?

Are you looking for a good lawyer with expertise in retail in Amsterdam?

Please call us at 020 301 55 55 or send us an e-mail.

Frequently Asked Questions

Our clients often ask the following questions. Do you have any other questions or would you like to submit a dispute to us? Call us at +31 20 301 55 55 without obligation or send us an e-mail.

    • Can I hold my franchisor liable for providing incorrect sales and profit forecasts?

      Before concluding a franchise agreement, the franchisor often provides the (potential) franchisee with a sales and profit forecast. When the expectations turn out to be unrealistic and the franchisee had never concluded the franchise agreement had the information been represented correctly, the franchisee is likely to recover the damage suffered from the franchisor.

      The damage can be recovered from the franchisor successfully if the franchisor himself has conducted the research regarding the sales and profit forecast or if it was conducted on his behalf by a person he is liable for (for instance, an employee). This can be the case even if he didn’t know that the information was incorrect but the mistakes in the report are due to negligence of the franchisor or the person he is liable for.

      When the franchisor contracted a third party for researching and reporting of the forecast, the franchisor may rely on the accuracy of the information provided by the third party. Then, he will in principle not be liable for the damage.

    • What do I have to deal with in a shop-in-shop agreement?

      In addition to arrangements regarding the amount of usage fee/lease, the term of the agreement and how it should be terminated, there are other important matters the operator of the main store and the operator of the shop-in-shop have to agree on. Think, for instance, of arrangements about the design, personnel and maintenance of the shop-in-shop.

    • What do you have to observe when entering into a pop-up store agreement?

      In a pop-up store agreement there must be clearly laid down that it is entered into for less than two years. To the lease of shop premises, in principle, the same rules apply as to the lease of commercial premises where termination of the agreement is difficult. This is not in line with the flexible nature of a pop-up store, but if a lease is entered into for two years or less these rules do not apply.

      In addition to the agreed lease period for the shop premises, on entering into the agreement the parties also have to take into account the following:

      • Local laws and regulations, such as the zoning plan
      • Necessary permits, such as an integrated environmental permit for rebuilding and/or advertising
      • Options for interim termination of the agreement, for instance if a permanent lessee is found for the premises
      • Liability in case of defects in or damage to the rented premises