2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
394-D - Privity of contract between franchise seller and customer or patron of dealer.


NY Gen Bus L § 394-D (2012) What's This?
 
    §  394-d. Privity of contract between franchise seller and customer or
  patron of dealer. a. Any contract for instruction in physical and social
  skills, or for the use by an individual patron of a dance  hall  studio,
  ballroom, gymnasium, or other physical or social training facility which
  requires payment by the person receiving such instruction, or the use of
  such  physical  or social training facilities, between such patron and a
  franchised dealer  shall  be  enforceable  by  the  patron  against  the
  franchise  seller  either  in  requiring  specific  performance  of  the
  contract or in holding said franchise seller responsible for damages for
  a breach thereof.
    b. For the purposes of  this  section,  a  "franchise  seller"  is  an
  individual, partnership or corporation which sells to a dealer the right
  to  use  a  certain  name,  reputation, process or course of instruction
  owned by it and which the dealer will make available to individual buyer
  or patron for a consideration or fee.
    c. For the purposes of this  section  a  "dealer"  is  an  individual,
  partnership  or  corporation  which contracts with a franchise seller to
  obtain and use the product of the franchise seller for  the  purpose  of
  using,  selling  or making it available to an individual buyer or patron
  for a consideration or fee.
    d. For the purposes of this  section  a  "customer",  "individual"  or
  "patron"  is  a  person  who  agrees  to  and  contracts for a course of
  instruction in physical and social skills, or for the  use  of  a  dance
  hall  studio,  ballroom,  gymnasium or other physical or social training
  facility.

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