Any person who makes a trade name, brand or trade name available to another person, requiring that person to give an undertaking of exclusivity or quasi-exclusivity for the exercise of his activity, is required, prior to the signing of any contract concluded in the common interest of both parties, to provide the other party with a document giving sincere information, enabling him to make a commitment with full knowledge of the facts.
This document, the content of which is set by decree, specifies in particular, the company’s seniority and experience, the state and development prospects of the market concerned, the size of the network of operators, the duration, conditions for renewal, termination and assignment of the contract as well as the scope of exclusivities.
Where the payment of a sum is required prior to the signing of the contract referred to above, in particular to obtain the reservation of a zone, the services provided in return for this sum are specified in writing, as well as the reciprocal obligations of the parties in the event of withdrawal.
The document provided for in the first paragraph and the draft contract are communicated at least twenty days prior to the signing of the contract, or, where applicable, prior to the payment of the sum referred to in the previous paragraph.