§ 394-D — Privity of contract between franchise seller and customer or patron of dealer

New York § 394-D

• Jurisdiction: New York
• Law GBS: General Business
• Art. 26: Miscellaneous

Text

§ 394-d. Privity of contract between franchise seller and customer or\npatron of dealer. a. Any contract for instruction in physical and social\nskills, or for the use by an individual patron of a dance hall studio,\nballroom, gymnasium, or other physical or social training facility which\nrequires payment by the person receiving such instruction, or the use of\nsuch physical or social training facilities, between such patron and a\nfranchised dealer shall be enforceable by the patron against the\nfranchise seller either in requiring specific performance of the\ncontract or in holding said franchise seller responsible for damages for\na breach thereof.\n b. For the purposes of this section, a "franchise seller" is an\nindividual, partnership or corporation which sells to a dealer the right\nto use a certain name, reputation, process or course of instruction\nowned by it and which the dealer will make available to individual buyer\nor patron for a consideration or fee.\n c. For the purposes of this section a "dealer" is an individual,\npartnership or corporation which contracts with a franchise seller to\nobtain and use the product of the franchise seller for the purpose of\nusing, selling or making it available to an individual buyer or patron\nfor a consideration or fee.\n d. For the purposes of this section a "customer", "individual" or\n"patron" is a person who agrees to and contracts for a course of\ninstruction in physical and social skills, or for the use of a dance\nhall studio, ballroom, gymnasium or other physical or social training\nfacility.\n