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MSA Worldwide: Operations Manuals Library - Ties to Legal Agreement

Learn how franchise system manuals connect to and reinforce your legal documents

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MSA Worldwide: Operations Manuals Library - Ties to Legal Agreement

  1. 1. Operations Manuals Library: Ties to Your Legal Agreement
  2. 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. 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. 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. 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. 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. 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. 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 415-499-3533 Michael H. Seid & Associates, LLC 8