Frequently Asked Questions
The information on this page is provided for general information purposes only and does not constitute legal advice. Reading this FAQ does not create a lawyer-client relationship. For advice about your specific situation, please book a consultation.
Working with us Influencers & brand deals Advertising & marketing E-commerce & policies Privacy & CASL IP & trademarks Business contracts Contractors & hiring Disputes & demand letters Apps & SaaS
General
Working with For Founders Law
Do you offer free consultations?
Yes. We offer a free introductory consultation to confirm fit and recommend a next step.
What types of clients do you typically work with?
Founder-led businesses, creators and influencers, agencies, and digital brands—especially where marketing, online sales, privacy, and IP overlap.
What areas do you serve — is For Founders Law only for Toronto?
We service all of Ontario. We're based in Toronto, Ontario, and many clients work with us remotely.
How quickly can you review a contract?
Generally 1-2 business days. Turnaround depends on complexity and timing. We'll confirm a realistic timeline before starting.
Do you use flat fees or hourly billing?
Flat Fees.
Can you help if I already signed a contract?
Yes. We can review what you signed, explain obligations, and discuss practical options moving forward.
What should I bring to a consult?
Any agreements, emails, screenshots, invoices, policies, and a short timeline of what happened + your goal outcome.
Creators
Influencers & Brand Deals
What should be in an influencer contract?
Deliverables, timelines, approvals, payment terms, cancellation, disclosure rules, usage rights, whitelisting/paid ads, exclusivity, and liability.
What are “usage rights” in a brand deal?
Usage rights define how the brand can use your content (where, for how long, whether edits are allowed, and whether paid ads are included). This is one of the most important clauses to negotiate.
What is “whitelisting” or “paid usage” for ads?
Whitelisting often means ads run through a creator's handle/permissions. Paid usage is the right to use content in ads. Both should specify platform, duration, territory, and scope.
Can a brand use my content forever?
Not automatically. Perpetual rights should be specifically negotiated and priced. Time-limited licensing is common and usually safer.
What does “exclusivity” mean in influencer agreements?
Exclusivity restricts working with competing brands for a period. It should be narrow, clear, and appropriately compensated.
What happens if a brand doesn't pay an influencer?
Options depend on your contract and proof of performance. Often the first step is a structured demand letter, then escalation if needed.
Compliance
Advertising & Marketing
What counts as misleading advertising in Canada?
Generally, advertising can be misleading if it creates a false overall impression to an average consumer, even if parts are technically true.
Can I say “results guaranteed” in ads?
“Guaranteed” or performance claims can create risk unless true, clearly explained, and supported. Many results claims should be carefully worded and evidence-backed.
What are the rules for testimonials and reviews in advertising?
They should reflect real experiences, not be edited in a misleading way, and disclose material connections (payment, gifts, affiliate relationships) where relevant.
Do I need to disclose gifted products or affiliate links?
If you receive compensation or benefits that could affect credibility, disclosure is typically expected. The best practice is clear, upfront disclosure that a consumer won't miss.
What is “drip pricing” and why is it risky?
Drip pricing is advertising a price and then adding mandatory fees later. It can create compliance risk because consumers don't see the real price upfront.
Online sales
E-Commerce & Website Policies
Do I need terms and conditions on my website?
Most online businesses should have website terms, and many should also have sales terms (shipping, returns, cancellations, chargebacks). The right setup depends on what you sell and where your customers are.
Do I need a refund policy in Ontario/Canada?
Refund/return rules depend on what you sell and how you sell it. “Final sale” policies should be clearly disclosed before purchase and should not conflict with consumer protection rules.
How do I reduce chargebacks and payment disputes?
Clear checkout disclosures, accurate marketing, delivery proof, well-written terms, and consistent customer communication can reduce chargeback risk.
Can I copy another company's website terms or policies?
Risky. Policies may be copyrighted and often don't match your business, which can create both legal and operational problems.
Data
Privacy & CASL
Do I need a privacy policy in Canada?
If you collect personal information (forms, email lists, analytics, payments), you should have a privacy policy that accurately explains what you collect, how you use it, and how users can contact you.
Does PIPEDA apply to my business?
Often yes, depending on your activities and where you operate. The details depend on your business model and the provinces involved.
Can I email customers for marketing?
Canada has strict anti-spam rules (CASL). Consent, identification, and unsubscribe requirements matter. The right approach depends on how you collected the email and what you're sending.
What should I do if my business has a data breach?
Contain the issue, preserve evidence, assess scope, and determine whether notifications are required. Early response steps can significantly reduce risk.
Brand protection
IP & Trademarks
Do I need to register a trademark to protect my brand name?
Registration is often the strongest protection, but whether you “need” it depends on uniqueness, expansion plans, risk tolerance, and enforcement strategy.
What's the difference between a business name, domain name, and trademark?
They're different systems. A business registration or domain does not automatically create trademark protection. Trademark strategy depends on how you use the brand in market.
Who owns content created for my business (designers, photographers, developers)?
Ownership is not automatic. You typically need written terms assigning IP to your business, especially for contractors/agencies.
Documents
Business Contracts
What should be in a services agreement?
Scope, deliverables, timelines, payment terms, IP ownership, confidentiality, limitation of liability, termination, dispute resolution, and change-order rules.
Are email agreements legally binding?
Sometimes. Many agreements can be formed through emails or conduct depending on circumstances. If the deal matters, document it clearly in a proper agreement.
What's the difference between a template and a custom agreement?
Templates often miss key business risks and rarely match your actual workflow. A custom agreement aligns with how you sell, deliver, get paid, market, and protect IP.
What is the difference between Terms of Service and customer / paid services terms?
Terms of Service govern platform use (accounts, behaviour, content, enforcement, liability, and governing law). Customer or paid services terms focus on pricing, billing, renewals, cancellations, refunds, and paid-feature rules. Many apps use one Terms of Service document plus a paid-terms supplement when subscriptions or paid features are introduced.
Startups
Apps & SaaS
What legal documents does an app or SaaS startup need at launch?
Most app and SaaS businesses need Terms of Service and a Privacy Policy as a baseline. If users can message or post content, Community Guidelines are often important. If you charge for access or features, customer or paid services terms help govern billing, renewals, cancellations, refunds, and risk allocation.
Do I need Terms of Service if my app is free?
Often, yes. Terms help set platform rules, limit liability, and provide legal authority to suspend accounts or address harmful behaviour. Even free apps can create disputes and risk, especially where there is user-generated content, messaging, real-world interaction, or planned monetization.
Do I need a Privacy Policy if I only collect emails or analytics?
If you collect personal information such as emails, device identifiers, analytics tied to users, or payment details, you should have a Privacy Policy that accurately explains what you collect, why you collect it, how it's stored (including outside Canada), and how users can access or delete their information.
When do app founders need Community Guidelines?
If your app includes messaging, profiles, comments, groups, marketplaces, or events, Community Guidelines are critical. Guidelines define behavioural expectations in plain language, while Terms of Service provide the legal authority to remove content, suspend accounts, and enforce consequences.
We paid a developer or agency — do we automatically own the code?
Not always. Payment alone does not guarantee full IP ownership. Most contractor and agency relationships require written IP assignment and confidentiality terms. Missing ownership language is one of the most common issues flagged during fundraising, acquisitions, and diligence.
Do we need a shareholder or founder agreement if we're building with others?
If there is more than one founder or shareholder, a shareholder agreement helps define ownership, decision-making, exits, and what happens if someone stops contributing or wants to sell. These agreements are routinely reviewed during fundraising and can prevent governance disputes that stall growth.
Can you review my app's Terms, Privacy Policy, and subscriptions flow together?
Yes. Many app issues are not just “document issues” — they are workflow issues (sign-up, consent, disclosures, cancellations, and enforcement). A focused review can identify what to fix now versus what can wait, without over-lawyering.
Team
Contractors & Hiring
Do I need a contract for contractors or freelancers?
In most cases, yes. Contractor agreements usually cover scope, payment, confidentiality, IP assignment, termination, and practical expectations.
Who owns IP created by a contractor?
Not always you. Without a written IP assignment, your business may not fully own what you paid for.
What is the risk of misclassifying a worker as a contractor?
Misclassification can create financial and compliance exposure. The analysis is fact-specific (control, tools, integration, exclusivity, etc.).
Enforcement
Disputes & Demand Letters
What is a demand letter and when should I send one?
A demand letter is a formal written request for payment or performance. It's often used before litigation and can resolve disputes faster if drafted strategically.
What should I do if I receive a legal demand letter?
Don't ignore it. Preserve communications, gather documents, and get advice early. Your first response often sets the tone.
Can I sue someone for non-payment?
Potentially. Options depend on the amount, evidence, terms, and where the parties are located.
