N.Y. General Business Law § 394-d: Privity of contract between franchise seller and customer or patron of dealer

§ 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.