OBA Franchise LAW PROGRAM | Original Program Date: June 13, 2018

Inherent in the franchising model is a tension between a franchisor’s need to control and protect its brand and the independence and “separateness” of franchisees. The changing role of social media and notable examples of public relations crises have shown how quickly individual events can adversely affect well-known brands and businesses, whether inside or outside the franchising model. For franchisors, where an individual franchisee’s conduct risks spiraling into a public relations crisis for the larger brand, the tension between the need to protect the brand and the reality of the separate legal status of the franchisee becomes most sharp. Our experienced faculty will discuss:

• What level of control is required by a franchisor to properly oversee its franchisee network?
• Should franchisors attempt to identify those decisions which may damage the brand and require franchisor input?  How does this affect vicarious liability risks in the context of labour and employment relations?
• How can franchisors prevent being deemed to be an employer, joint-employer or vicariously liable for the actions of franchisees?
• How should franchisors address the potential damage to the brand arising from franchisee decisions?
• What provisions should be included in a franchise agreement to address the above risks?

Join us to tackle these timely and important issues.

CHAIR/SPEAKER

Adam Ship, McCarthy Tétrault LLP

PROGRAM SPEAKERS

Adrienne Boudreau, Sotos LLP
Chad Finkelstein, Dale & Lessmann LLP
Damian Rigolo, Osler, Hoskin & Harcourt LLP