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Operations Manuals Library:
Ties to Your Legal Agreement
What’s the Connection?


Legal
Docs

Manuals





Franchise Agreements
often refer the franchisee
to the manuals for more
details about processes,
standards & requirements.
Provide the right detail in
the manuals whenever the
Franchise Agreement refers
to them.
Echo any standards or
requirements in your
manuals that are stated in
the Franchise Agreement.
2
Keep Manuals Updated

Legal Docs



Manuals

Compliance

It’s difficult to hold a franchisee accountable
to comply with new standards if they have not
been published in your manuals. Ongoing
updating and communication is essential.
3
Translate Legalese
into Plain Speak
“Foregoing
now or in
the
future…”

“We grant
you and
you
accept…”

“Under no
circumstances
may you…”

Convert to easy-to-understand
sentences in your manuals!
Michael H. Seid & Associates, LLC

4
What is Vicarious Liability?




A legal term that
addresses the
franchisor’s liability in
the event of a lawsuit
against the franchisee.

Franchisee’s
employees or
customers may claim
that the franchisor is
at fault in addition to
the franchisee.
5
Do’s and Don’ts: Vicarious
Liability & Franchise Manuals
DO




Place disclaimers on
manual pages or
sections that pertain
to employee
management.
Have your attorney
read your manual and
updates.

6
Do’s and Don’ts: Vicarious
Liability & Franchise Manuals
DON’T


Hand over your personnel
documents and personnel
forms without the written
caveat that these are
what the franchisor uses
and that franchisees may
choose to use same with
their company name, not
the franchisor name.

7
Does Your Company Need Assistance
in Developing Manuals and Training?

Next Topic:
Language and Format
of Operations Manuals

Contact:
Marla Rosner
Senior Training Consultant
mrosner@msaworldwide.com
415-499-3533

Michael H. Seid & Associates, LLC

8

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MSA Worldwide: Operations Manuals Library - Ties to Legal Agreement

  • 1. Operations Manuals Library: Ties to Your Legal Agreement
  • 2. What’s the Connection?  Legal Docs Manuals   Franchise Agreements often refer the franchisee to the manuals for more details about processes, standards & requirements. Provide the right detail in the manuals whenever the Franchise Agreement refers to them. Echo any standards or requirements in your manuals that are stated in the Franchise Agreement. 2
  • 3. Keep Manuals Updated Legal Docs  Manuals Compliance It’s difficult to hold a franchisee accountable to comply with new standards if they have not been published in your manuals. Ongoing updating and communication is essential. 3
  • 4. Translate Legalese into Plain Speak “Foregoing now or in the future…” “We grant you and you accept…” “Under no circumstances may you…” Convert to easy-to-understand sentences in your manuals! Michael H. Seid & Associates, LLC 4
  • 5. What is Vicarious Liability?   A legal term that addresses the franchisor’s liability in the event of a lawsuit against the franchisee. Franchisee’s employees or customers may claim that the franchisor is at fault in addition to the franchisee. 5
  • 6. Do’s and Don’ts: Vicarious Liability & Franchise Manuals DO   Place disclaimers on manual pages or sections that pertain to employee management. Have your attorney read your manual and updates. 6
  • 7. Do’s and Don’ts: Vicarious Liability & Franchise Manuals DON’T  Hand over your personnel documents and personnel forms without the written caveat that these are what the franchisor uses and that franchisees may choose to use same with their company name, not the franchisor name. 7
  • 8. Does Your Company Need Assistance in Developing Manuals and Training? Next Topic: Language and Format of Operations Manuals Contact: Marla Rosner Senior Training Consultant mrosner@msaworldwide.com 415-499-3533 Michael H. Seid & Associates, LLC 8

Editor's Notes

  1. FDD and Franchise Agreement should be reinforcedDrop the legal language when carrying over contentDetermine what’s relevant
  2. Jot down words that suggest you want people to:We encourageYou mayWe highly suggestWe strongly recommendRequiredUrge toBest practiceDon’t want people to:You may notProhibitedDiscouraged
  3. This slide series is purposely short so you can consume the content in quick sessions. If you need assistance creating or updating your system manuals, give us call for a proposal.