PFIFA Participates in 2017
CFA Day Forum in Washington
A
fter a winter snowstorm derailed the 2017 CFA Day Forum in
March, attendees gathered in Washington, D.C., in October to
regroup and tackle topics impacting franchisees around the United
States. As a member of the Coalition of Franchisee Associations
(CFA), representatives of PFIFA, including franchisee Don Thomas
and Executive Director Kristi Hoffman, were present for the
gathering.
Representing more than 41,000 franchisees from its
association members, CFA kicked off the event Oct. 25 with a
Congressional Reception where attendees could meet and mingle
with their elected officials. The following day included an agenda
full of legislative issue updates and the highlights of the event – a
roundtable and legal panel with leading franchise attorneys from
across the country.
Recent changes to the Planet Fitness® Franchise Agreement
and approaching deadlines for review and response for six locations
owned by The Arthur H. Thomas Cos. made attendance a priority
for Thomas. “We wanted to learn as much as possible from the
franchisee attorneys about our rights and what would be a positive,
tactical approach to take on some of the legal and operational issues
impacted by these PF® Franchise Agreement changes,” he said.
The CFA Day Forum began with a roundtable session where
attendees could meet in small groups and discuss a range of
topics with five franchise attorneys. The presentations included:
“Succession Planning for Franchisees” with Michael Einbinder;
“Do You Really Have a Right to Associate?” by Ronald K.
Gardner; “Unlawful Franchisor Practices Under State Franchise
Acts” with Jeffrey Goldstein; “Expanding and Diversifying a
Successful Franchise” from Justin M. Klein; and “Excess Control
by Franchisor Over Franchisee and its Impact on Joint Employer
Liability and Vicarious Liability” with Robert Zarco.
Klein then moderated a legal panel with Zarco, Gardner and
Einbinder. The presentations from the legal experts stood out for
Thomas.
Justin Klein with Marks & Klein, LLP moderates the legal panel presentation,
featuring attorneys Robert Zarco, Ron Gardner and Michael Einbinder, during
the 2017 CFA Day Forum.
“The highlight for me was
the panel presentation with the
questions and answers provided
from the wealth of franchise
attorney experiences and
perspectives on the current and
future legal changes impacting
franchisees – both as indepen-
dent business owners/operators
and also as an extension of the
larger franchisor organization,”
Thomas said, adding that the
opportunity to meet with other
franchisees and small-business
Administrator for the U.S. Small
operators in other franchised
Business Administration Linda
McMahon addresses the audience at
companies was informative as
the group discussed the successes the CFA Day Forum in October.
and challenges within their
industries.
Following lunch, attendees heard from the U.S. Small Business
Administration’s Linda McMahon, along with short updates on
ADA reform, tax reform, franchisee rights and health care. Then it
was off to Capitol Hill to meet with the offices of members of the
U.S. House of Representatives.
Being involved in politics at every level is increasingly impor-
tant, as Thomas discovered. “We learned that many of the elected
representatives and senators do not understand business dynamics
and issues behind running a 7x24x365-day operation, or what
dealing with existing regulations, that have little to no value for
starting, growing and sustaining a successful business, entails,” he
explained. “Part of our responsibility is to educate them on these
operational and cost issues before they start trying to pass more
laws, regulations and imposing costly permits or standards.”
Establishing a more effective balance of power between
franchisor and franchisee, for Thomas, is the most pressing legisla-
tive issue, and the Franchisee Bill of Rights is an excellent start to
the process. He also learned about the importance of amending
the health care law to define a 40-hour workweek as a full-time
employment standard, not only for hiring but for retention
purposes.
CFA Day Forum attendees ventured to the Mansion on O
Street for dinner and a tour following their visits to Capitol Hill.
The event drew to a close Oct. 27 with a meeting of the CFA Board
of Directors.
After the event, Thomas noted one of his key takeaways:
“I learned about comparable retail ventures and their successes
and challenges with the franchisor-franchisee relationship, and
how positive the PFIFA working relationship is for us with our
franchisor.” G
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