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Drafting FranchiseAgreementa

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SME Lawyers

Do not write this document yourself — DIY often results in expensive problems.
Have a lawyer review it and avoid misunderstandings, mistakes, and difficulties.

  • Truly Tailor-Made Legal Solutions
  • Fixed rates
  • Pay later after draft
  • Free adjustment round
  • Delivered within 5 working days
  • Express delivery possible
  • Available in Dutch and English

How does it work?
Our services include a free consultation, a draft document, a revision round, and a final document. We invoice after sending the draft document.

Experience with legal services for entrepreneurs since 2001
Lawyers and legal professionals.Direct contact with a specialist who thinks practically.
Fixed rates.Where possible, clarity regarding costs in advance.
Within 4 hoursWe respond quickly to your request.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner

We worked for, among others:

An incorrect document often provides a false sense of security.
You think everything is taken care of, but only discover whether the document actually works during a conflict or claim.

1

Free intake

We discuss your company, the purpose of the document, and the key risks.

2

Draft or check

We draft a custom document or review your existing document legally.

3

Final version

You will receive a final version with instructions on correct usage.

Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

Franchising is not an ordinary partnership. The Franchise Act sets requirements regarding information, consultation, consent, and termination. A franchise agreement must therefore not only be commercially strong but also comply with the statutory protection of franchisees

  • For franchisors, franchisees, and formula organizations
  • Attention to the Franchise Act, pre-contractual information, and standstill
  • Fee, formula handbook, territory, purchasing, goodwill, and termination arranged
  • Suitable for new and existing franchise concepts

Choose Tailored Legal Solutions

Choose whether you want to have the document drafted, checked, or modified. Prices and options vary per document.

From 99
Customization
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

from 249.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

About us

Our expertise in franchise agreements

Our lawyers and in-house counsel assist franchisors, franchisees, and formula organizations with franchise agreements, pre-contractual information, franchise manuals, IP agreements, and termination.

Customization for your franchise agreement

A retail concept, hospitality franchise, service concept, healthcare franchise, or master franchise does not require the same agreement. Therefore, we tailor the agreement to your concept, industry, fees, and investments.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with commercial contracts, corporate law, and IP
  • Attention to risk, negotiation, and termination
  • Fixed rates in advance where possible
  • Customization
  • About us
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

  • Our legal expert spends 0.5 to 1.5 hours on the check
  • Telephone intake with a lawyer
  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
  • Concrete points for improvement and legal advice
  • Delivered within 3 working days, express delivery possible
from 249.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

  • Our legal expert spends 1.5 to 2.5 hours checking and making adjustments
  • Telephone intake with a lawyer
  • Verification of the existing document
  • Adaptation to your business and working methods
  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise in franchise agreements

Our lawyers and in-house counsel assist franchisors, franchisees, and formula organizations with franchise agreements, pre-contractual information, franchise manuals, IP agreements, and termination.

Customization for your franchise agreement

A retail concept, hospitality franchise, service concept, healthcare franchise, or master franchise does not require the same agreement. Therefore, we tailor the agreement to your concept, industry, fees, and investments.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience with commercial contracts, corporate law, and IP
  • Attention to risk, negotiation, and termination
  • Fixed rates in advance where possible

Reviews (21)

Nour

The personal touch during the initial meeting was a major plus. Every adjustment we wanted was incorporated seamlessly and legally correctly. Everything was delivered neatly and on time.

Paul

It was clear right from the intake that we were dealing with specialists. The explanation of the tests was very helpful. The service was professional and personal.

Nisrine

We received excellent assistance with our legal questions. The lawyer really took the time to understand our specific SaaS solution before starting to write. The service was professional and personal.

Suzanne

From the intake, it was clear what we could expect. The content aligned well with our company. The document was flawlessly accepted by our investors.

Naima

We had immediate confidence in the team's expertise. They provided a watertight confidentiality clause that perfectly suited our innovations. Our business partners were impressed by the professionalism of the contracts.

Sanae

A lot of time was saved thanks to the efficient intake. We were able to easily add comments to the draft using a convenient system. Our clients respond positively to the clear general terms and conditions.

Lisanne

The initial meeting immediately instilled confidence in us. The contract was formulated in such a way that both parties felt good about it. The quality fully met our expectations.

Sam

It was nice that potential pitfalls were proactively considered. We exchanged quite a few emails, but the responses remained quick and helpful. The quality fully met our expectations.

Sofiane

We were given the space to tell our entire story without being interrupted. The proactive approach went beyond just the legal framework; the business side was also addressed. Our business partners were impressed by the professionalism of the contracts.

Jan

Received pleasant assistance from the first contact. The fixed price upfront instilled confidence. Everything was delivered neatly and on time.

Jasper

The commitment to our case was palpable from the very first minute. They considered not only preventing disputes but also their practical solutions. The service was professional and personal.

Niels

The lawyer took the time to explain everything thoroughly. The content was a good fit for our company. A party that delivers on what they promise on their website.

Nadia

The promises on the website were fulfilled immediately during the first contact. The risks we were willing to take were assessed strictly but fairly. Our customers respond positively to the clear terms and conditions.

Khalid

The initial sketch of the approach aligned seamlessly with what we had in mind. Despite the tight deadline, there was no compromise on care and quality. The final result fully meets our high standards.

Soraya

Quick response and clear explanation. The clarity of the penalty clauses leaves no room for interpretation. Our customers respond positively to the clear general terms and conditions.

Nordin

We were in a contentious situation, but the calm start defused the tension. The continuous thinking from the entrepreneur's perspective was a breath of fresh air. These documents will undoubtedly save us a lot of headaches in the future.

Lina

We were looking for certainty and received it immediately in the first meeting. The translation of our wishes into watertight legal provisions was impressive. Everything was delivered neatly and on time.

Maarten

Professional approach without unnecessarily complicated language. The discussion regarding specific non-compete clauses was handled very professionally. The final result aligns 100% with our high standards.

Mehdi

Smooth communication and a clear proposal in the mailbox immediately. The review of our English contract was incredibly detailed and accurate. A reliable partner that strives for perfection in their documents.

Jessica

They acted quickly and worked meticulously. The sharpness in the negotiations with our opposing counsel was impressive. It is clear that they have a passion for entrepreneurship.

Yara

We received excellent assistance with our legal questions. The entire process felt like a co-creation rather than a one-sided assignment. A reliable partner who strives for perfection in their documents.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

  • Nationwide coverage
  • First consultation free and without obligation
  • Fixed rates where possible
  • Affordable legal advice from lawyers and legal experts
  • Always a response within 4 hours

First, see how we work

A legal document requires trust. You see immediately who we are, how we help entrepreneurs, and why we do not work with standard templates.

  • You can view our working method before submitting an application
  • You will get a feel for the office and the people faster
  • The video supports the choice for customized legal solutions
  • After that, you can immediately request a quote or intake

What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
  • Practical explanation on how to use the document
  • Legal attention to liability, payment, and termination
  • Where possible, provide clarity in advance regarding price and delivery time
Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
  • Telephone consultation included
  • No standard template
  • Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
  • One adjustment round
  • Clear explanation where necessary
  • Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

The following choices determine how strict or flexible your agreement will be. Make them consciously before having the text drafted.

Choice or question Why this matters legally
Hard or soft franchise? With a hard franchise, you have strong central control over appearance, price, and assortment; with a soft franchise, the franchisee retains more entrepreneurial freedom.
Exclusive territory or not? An exclusive territory increases security for the franchisee, but limits your own sales channels and online strategy.
Which fee structure? A fixed fee provides predictability; a revenue-based royalty links your income to success but requires verification of revenue reporting.
How strict is non-competition? A broad post-contractual non-compete clause protects your know-how, but is only valid if it meets the requirements of the Franchise Act.
How do you arrange termination? Determine whether early termination is possible and for what period; this directly affects the investment security of both parties.
Clauses and provisions

What elements belong in a franchise agreement?

The components below form the core of virtually every franchise agreement. Which ones you elaborate on and to what extent depends on your formula and the degree of central control.

Provision Relevant to Legal point of attention
Formula and license Always Describe the franchise formula, the brand, and the usage rights granted to the franchisee, as well as the restrictions thereon.
Financial agreements Always Record entrance fees, recurring fees, royalties, and any purchasing or marketing contributions, including the basis and payment term.
Exclusivity and territory In the case of area protection Determine whether the franchisee receives an exclusive service area and whether you may sell within that area yourself or via the internet.
Obligations of the parties Always Describe the efforts on both sides: support, training, and handbook versus sales effort and formula monitoring.
Term and renewal Always Choose a fixed term with a renewal clause; a term that is too short undermines the franchisee's payback period.
Termination and consequences Always Rules regarding termination, dissolution, takeover of inventory, and the settlement of trademark and formula use after termination.
Non-competition and confidentiality Regarding know-how protection Restrict competition during and after the term within the limits permitted by the Franchise Act and competition law.
Goodwill and acquisition In value accumulation Specify how goodwill is determined and settled upon termination or acquisition, as required by the Franchise Act.
Use in practice

How do you use this document correctly?

A franchise agreement only works if the surrounding steps are correct. Follow the sequence below.

Situation What should you do? Point of attention
For recruitment Prepare a franchise manual and information document The Franchise Act requires you to fully inform the franchisee well before signing.
At least four weeks before signing Provide the design and all information A statutory cooling-off and silence period applies during which you may not make any changes or ask any questions.
Upon signing Have both parties initial each page This way, you avoid discussion about which version and attachments were agreed upon.
During the term Record changes and consent in writing Significant changes often require the consent of the franchisees.
Common mistakes

Common mistakes

We encounter these errors most frequently in practice regarding franchise agreements. They are easy to prevent.

Wrong Consequence Better approach
Insufficient pre-contractual information Voidability and damage claims of the franchisee Submit a complete information document in accordance with the Franchise Act in a timely manner.
Non-compete clause too broad Clause is wholly or partially void Limit duration, area, and scope to what is necessary and legally permitted.
No goodwill arrangement Conflict and uncertainty upon termination Include a method for determining and settling goodwill.
Vague fairy structure Discussion regarding amounts owed Describe the basis, percentage, reference date, and payment term unambiguously.
Reuse outdated model In conflict with mandatory law since 2021 Have the agreement reviewed against the current Franchise Act.
Risk profile

What is your situation and what do you pay attention to?

Your role and phase determine where the focus should be. Recognize your situation below.

Risk profile Example Focus in the document
New franchisor You are rolling out your formula to third parties for the first time Establish a watertight formula, handbook, and information obligation before you recruit.
Growing chain You are adding many new branches Monitor uniform conditions and the right of consent regarding formula changes.
Franchisee You are considering joining Have the agreement and the figures reviewed before you sign and invest.
Acquisition or termination A branch changes or closes Verify goodwill, non-competition, and the settlement of brand and formula usage.
Additional documents

When is this document not enough?

A franchise agreement covers the franchisor-franchisee relationship. In the following situations, you will need additional or different documents.

Situation Supplementary document Why
Situation Related document Explanation
You share confidential formula knowledge for drawing Confidentiality Agreement Protect your know-how already during the conversations with a potential franchisee.
You collaborate without a formula license Cooperation Agreement For equal partnership without a franchise formula, a cooperation agreement is more appropriate.
A franchisee does not pay the fee Debt collection Have outstanding debts collected professionally when payment agreements are not met.
Explanation of this document

Drafting a franchise agreement, why?

Not every entrepreneur knows exactly what franchise agreements are, when they are needed, and which risks they must cover. Therefore, we explain below what this document entails, what to look out for, and why customized legal solutions are important.

What is a franchise agreement?
A franchise agreement is the agreement whereby a franchisor grants a franchisee the right to exploit a proven business formula—brand, trade name, know-how, corporate identity, and operational methods—in exchange for remuneration. The Franchise Act, which entered into force on January 1, 2021, legally regulated the franchise agreement in the Netherlands for the first time in Articles 7:911 through 7:920 of the Dutch Civil Code. The Act is mandatory law from which deviations are permitted only in favor of the franchisee. It imposes far-reaching requirements on the franchisor's pre-contractual duty to provide information, mandates a four-week standstill period before signing, regulates the franchisees' rights of consent regarding formula changes, and limits the non-compete clause after expiration. Our lawyers draft franchise agreements for franchisors and franchisees that fully comply with the Franchise Act, correctly structure the Pre-contractual Information File (PID), and protect the commercial interests of both parties in a balanced manner.
What are the obligations of the franchisor under the Franchise Act?
The Franchise Act imposes a number of mandatory legal obligations on the franchisor. The most far-reaching is the pre-contractual informationobligation: the franchisor must provide a comprehensive Pre-contractual Information File (PID) no later than four weeks before signing. The PID includes, among other things, a draft of the franchise agreement, financial information regarding the formula, information about existing franchisees, the non-compete clause, training obligations, and a turnover forecast if prepared by the franchisor. The four-week standstill period is absolute: the franchisor may not amend the agreement during that period, and the franchisee may not be persuaded to sign earlier. The law also mandates a consultation structure between franchisor and franchisees regarding formula changes that affect operations. Our lawyers ensure a fully compliant PID and franchise agreement.
Which subjects does the franchise agreement cover?
A comprehensive franchise agreement covers at least the following topics: The description of the franchise formula, including the trademark and trade name license, know-how, and a reference to the franchise manual. The areas of exclusivity: does the franchisee have an exclusive right of operation in a geographical area? The franchise fee: a fixed entry fee, a periodic royalty on turnover, or a combination. The purchasing obligation: is the franchisee required to purchase products or services from the franchisor or designated suppliers? The investment obligation for the fitting out and corporate identity of the establishment. Training and support: what guidance does the franchisee receive from the franchisor? The non-compete clause upon termination — a maximum of one year pursuant to the Franchise Act. And the goodwill arrangement upon acquisition of the business by the franchisor. Our lawyers draft a franchise agreement that correctly integrates all legal and commercial elements.
How do you regulate the right of franchisees to consent to formula changes?
The Franchise Act requires the franchisor to conduct a consultation procedure with the franchisees when making changes to the franchise formula that affect operations by the franchisee. If the change results in investments or other costs for the franchisee that exceed a threshold value, the consent of a majority of the franchisees is required. Your franchise agreement must specify the consultation structure: how are franchisees represented, how are decisions made, and what information must the franchisor provide in advance? A franchisor who implements formula changes without the required consultation procedure risks a claim for performance by franchisees and claims for damages. Our lawyers advise franchisors on establishing a robust consultation structure that complies with the Franchise Act.
What are the risks for a franchisee when signing a franchise agreement?
The franchise agreement is one of the most far-reaching business obligations a franchisee enters into. The most relevant risks are the following: an unrealistic sales forecast provided by the franchisor that is not met — the Franchise Act stipulates that the franchisor is liable for damages if the forecast is not properly substantiated. An overly broad non-compete clause that prevents the franchisee from continuing to work in their own industry after expiration — the law limits this to one year. A unilateral change to by the franchisor that drastically alters the franchisee's operations without adequate compensation. And an unreasonable termination clause that saddles the franchisee with substantial fines in the event of early termination. Our lawyers review the franchise agreement received by franchisees for all risks and advise on the room for negotiation.
How does it work at MKBjuristen?
After a brief intake, our lawyers map out your franchise concept, your formula, your intended franchise network, and your specific requirements. For franchisors, we draft a complete franchise agreement and the accompanying PID that complies with the Franchise Act. For franchisees, we review the received franchise agreement for legal compliance and commercial fairness, and advise on negotiation points before you sign.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
Request a quote

Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Customization per franchise type

Not every franchise model operates the same way. Therefore, we do not draft generic franchise agreements, but tailor them to the specific model, industry, control, investments, and exit strategy.

Hard franchise

Attention to manual, corporate identity, procurement, systems, training, supervision, and consent.

Soft franchise

Focus on brand usage, entrepreneurial freedom, collaboration, marketing, and quality standards.

Retail franchise

Attention to territory, assortment, inventory, POS, central purchasing, and format changes.

Hospitality franchise

Attention to recipes, hygiene, suppliers, staff, quality, and operations.

Service franchise

Focus on leads, marketing, customer data, training, quality, and the local market.

Master franchise

Attention to sub-franchise, development obligation, fees, international agreements, and control.


A franchise agreement must combine formula protection with the Franchise Act. Therefore, we examine pre-contractual information, standstill, handbook, fee, territory, consent, goodwill, non-competition, and termination.

Common mistakes in franchise agreements

In franchising, things often go wrong because commercial growth outpaces the legal formalization of the formula, information obligations, and exit agreements.

  • Pre-contractual information and standstill under the Franchise Act are insufficiently regulated
  • Presenting revenue forecasts or operating budgets too absolutely
  • Fail to properly link franchise manual to the agreement
  • Make fees, marketing contributions, system costs, and purchasing margins unclear
  • Do not regulate territory, online sales, and competition between channels
  • Do not include formula changes and consent rights
  • Goodwill forgotten at termination or transfer
  • Non-competition clause too broad or not formulated with due care under the law

Draft your franchise agreement properly and avoid unnecessary problems in the future. Good agreements prevent disputes regarding the formula, fees, handbook, investments, goodwill, non-compete clauses, and termination.

What is a franchise agreement?

An agreement whereby the franchisee uses a formula, brand, know-how, and support from the franchisor in exchange for a fee.

What does the Franchise Act regulate?

The Franchise Act contains rules regarding pre-contractual information, standstill, consultation, consent, goodwill, and non-competition.

Is a franchise manual necessary?

Often, yes. The manual contains operational formula guidelines and must be properly linked to the agreement.

Can a franchisor change the formula?

This cannot be done without limits. For certain changes, consultation, information, or consent may be required.

Can MKB Juristen review an existing franchise agreement?

Yes. We check the Franchise Act, information, fees, handbook, territory, goodwill, non-competition, and termination.

Contact us

Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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