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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 2437
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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i am a subcontractor for a hotel chain and they are forceing

Resolved Question:

i am a subcontractor for a hotel chain and they are forceing me to wrap my car with advertising is this legal or should i be compensated
Submitted: 8 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 8 months ago.

Ulysses101 :

Hello, and thank you for the question.

Ulysses101 :

When you say "wrap your car", what exactly do you mean? What does the license bureau have to do with it? I assume that the hotel isn't the general contractor, right?

Customer:

wrapping of my car means that they are putting a full decale of their hotel chain advertised on my personal car. I just went to ask license bureau if i am allowed to do this on my vehicle that is registered under my company name. They explained to me that i can do this as long as i had a commercial plate.

Customer:

The hotel is not the general contractor i am and i subcontract my services to the hotel.

Ulysses101 :

Just to be clear, there's a general contractor between you and the hotel? If so, do you have a contract with that contractor?

Customer:

No i subcontract directly to the hotel there is no middle man. I just want to know if the hotel has the legal right to ask me to do this without compensating me.

Ulysses101 :

OK, so you're not a subcontractor, you're a contractor with the hotel then, correct?

Customer:

Yes sorry you are correct i am a contractor

Ulysses101 :

And is there a contract? What are you doing for the hotel, exactly? Is it in the contract that you will advertise that you're working for the hotel?

Ulysses101 :

And let's take a step back. Please tell me why you don't want to wrap your car, and whether you are willing to risk future contracts with the hotel on this issue.

Customer:

Yes there is a contract. I am a property manager, the hotel is also a rental pool company and i am in this division where i manage 70 condos that are privately owned but rented thru Sunstar. Not at this point does it say in my contract that i work for the hotel.

Customer:

It is not that i do not want to wrap my car i should have made myself more clear for you, I just want to know if he is legally obligated to have to pay me to advertise his company on my private vehicle considering i am not an employee and its not company. hope i am making sense

Ulysses101 :

Certainly, you're making sense.

Ulysses101 :

Unless the contract between you and the hotel says you'll wrap your car in their ads, you don't have to.

Ulysses101 :

But you need to look at the big picture here. If it's not a big deal to wrap your car while you're on the job, then wrap the car. If it's in the contract that you'll wrap the car then you wrap the car.

Ulysses101 :

If you're concerned because it's not in the contract and they insist on it, then you have a choice: you renegotiate the contract, which either specifically says you wrap the car, and then you ask for some more money because you're advertising the hotel, or else you tell them "no way" and risk not getting future work from them.

Ulysses101 :

They can't make you wrap the car, obviously, unless it's in the contract.

Ulysses101 :

But if you're a one-man operation then maybe you consider doing it this time. If you already have advertising or your company name on your vehicle you may decide that you don't want to wrap it. Consider whether you're affiliation with the hotel might give you credibility and work in your favour too, right?

Customer:

Thank you very much i completly understand and you have answered my question 100 percent perfectly. i just needed some reassurance and confirmation. If i have any further questions i will defintely use your services again.

Ulysses101 :

You asked whether their forcing you to wrap your car is legal, and whether you should be compensated. That's the wrong question. This is a contractual relationship, so it's not against the law for them to insist on anything because you can refuse and they can't make you. The question is whether you should do what they are asking, right?

Ulysses101 :

I'm glad you're happy. Please rate the services positively so that I get credit for helping you today. Good luck with the job, and feel free to come back any time. If you want my specific attention, just start off with Dear Ulysses and your question will be left for me.

Customer:

Have a great evening

Ulysses101 :

Thanks! You too. I'm about to start baking, actually.

Customer:

haha well i am having a glass of red wine thinking of you while you are baking. All the best

Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 2437
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Ulysses101 and 2 other Canada Law Specialists are ready to help you

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