(1) For purposes of this section, “franchise agreement,” “franchisee” and “franchisor” shall have the same meanings as provided in section 29-110, Idaho Code.
(2) Neither a franchisee nor an employee of a franchisee shall be considered an employee of the franchisor for any purpose, unless: The franchisee or the employee of a franchisee is specifically described as an employee of the franchisor in the franchise agreement; or
(3) The franchisor is found or has been found by a court or another tribunal to have exercised a type or degree of control over the franchisee or the franchisee’s employee that is not customarily exercised by a franchisor.