Joining dispute is a special intellectual property dispute. Many lawyers who have never done this kind of case may not know much about it and will tell you directly that it is unscientific. In this regard, on the basis of handling a large number of joining cases, Mr. Yu answered the following questions:
If certain conditions are met, the joining fee can be refunded.
In the field of franchise legal relationship, due to the information asymmetry between franchise company and franchisee, the law focuses on protecting the rights and interests of franchisee. Generally speaking, the refund of the franchise fee needs to meet the following conditions:
First, put forward the expression of intention to terminate the contract in time. In view of the need to put forward the right to terminate the franchise contract within a reasonable period of time, it shall be put forward in time:
Second, it does not use the other party's main business resources. Franchise relationship is a legal relationship that uses the other party's intellectual property rights, which is intangible. If the other party's business resources have been used, it will have a great impact on the refund;
Third, the franchise company defaults, and what is needed here is a fundamental breach of contract;
Fourth, the other party does not have a mature business model and mature business resources.
Fifth, other circumstances that can terminate the contract as stipulated in the general contract law.
Generally, if a master meets the above conditions, it needs to be judged by the joining contract signed by both parties. If the above conditions are met, he can entrust a lawyer to claim the return of joining through litigation.
Attached is my own case.