23-1604. Franchisor and franchisee; owner of a mark and licensee; employment relationship; definitions

A. For the purposes of this title:

1. A franchisor is not an employer or co-employer of either a franchisee or an employee of the franchisee, unless the franchisor agrees, in writing, to assume the role of employer or co-employer of the franchisee or the employee of the franchisee.

2. The owner of a mark is not an employer or co-employer of either the licensee or an employee of the licensee, unless the owner of the mark agrees, in writing, to assume the role of employer or co-employer of the licensee or the employee of the licensee.

B. For the purposes of this section:

1. "Franchisee" has the same meaning prescribed in 16 Code of Federal Regulations section 436.1.

2. "Franchisor" has the same meaning prescribed in 16 Code of Federal Regulations section 436.1.

3. "Licensee" means a third party to whom the owner of a mark licenses the owner's mark for the purpose of independently conducting business using the licensed mark.

4. "Mark" has the same meaning prescribed in section 44-1441.