THE IMPLEMENTATION OF EXONERATION CLAUSE IN CONTRACT OF ZEST FRIED CHICKEN FRANCHISE REVIEWED FROMTHE FREEDOM OF CONTRACT AND BALANCE PRINCIPLES

Abstract

The clause in the standard contract agreement not only contains the contents of the rights and obligations but also contains the exoneration clause. The exoneration clause is a clause that contains restrictions or even removes entirely responsibility which should be charged to the producer / distributor of the product (the seller). Inclusion of the exoneration clause in the agreement between the donor and recipient of Zest Fried Chicken franchise was a form of imbalance and did not reflect a form of exchange of interests (rights and obligations) in proportion to the parties in contractual relations. In analyzing the problems, in this research, the researcher used descriptive method of analysis to produce the result of research which showed that inclusion of exoneration clause in franchise agreement between ZFC and Asvianti Saputri, Number. 002/JRM/ZFC/XII/2016 reviewed and analyzed in general may result that the agreement or contract is null and void. But if it is viewed from all elements of the full validity of an agreement and is contained the legal principle of the agreement, then the agreement is legitimate and can be run. Keywords: Exoneration Clause, Franchise Contract, Freedom of ContractPrinciple, Balance Principle