Can Christies International Real Estate replace the Proprietary Software used by franchisees?
Christies_International_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
(a) You will use in the Business the computer system which shall function and have the capability to interact with us and the System in accordance with our then-current information technology requirements as specified in the Operations Manual from time to time (the "Computer System"). In addition, you shall use the web-based proprietary software programs or applications we or our affiliates developed or that is developed for us by a third party (the "Proprietary Software"), to which we retain all right, title, and interest. You must use any Proprietary Software that we designate. The Proprietary Software will remain the confidential property of us or our third-party supplier. You may be required to enter into our or a third-party supplier's standard form computer software access or license agreement in connection with your use of the Proprietary Software or other software we determine is necessary for the Business. You must pay us or our third-party suppliers the initial and ongoing then-current license fee(s) related to your use of any Proprietary Software or other required software. We reserve the right to assign our rights, title and interest in any Proprietary Software or any software license agreement to a third party we designate, or to replace the Proprietary Software. In such event, you may be required to enter into a separate computer software license agreement specified by us or the third-party supplier of the Proprietary Software. The computer hardware component of the Computer System must have adequate specifications and be capable of operating the Proprietary Software and any other software we require, including cloud-based software. We may require you to make certain updates and modifications to the Computer System. Currently, we do not maintain direct access to the Customer Data in the Computer System. However, in the future, if changes in the Computer System or the methods in which we interact with our Affiliates or promote the System and network of Affiliates and offices operating under the Marks requires implementation of different data collection or reporting, we reserve the right to have access to the Computer System and Customer Data. You must have at the Business, Internet access with a form of high-speed connection as we require. You will be required to use and, at our direction, pay for all future updates, supplements, and modifications to the Computer System.
Source: Item 23 — RECEIPT (FDD pages 54–177)
What This Means (2025 FDD)
According to the 2025 Christies International Real Estate FDD, Christies International Real Estate has the right to replace the Proprietary Software that franchisees are required to use in their business. The franchisee must use the computer system that interacts with Christies International Real Estate and the System, following the franchisor's information technology requirements outlined in the Operations Manual. This includes using web-based proprietary software programs or applications developed by Christies International Real Estate or a third party.
Christies International Real Estate retains all rights, title, and interest in the Proprietary Software. Franchisees may need to enter into a software access or license agreement with Christies International Real Estate or a third-party supplier. Franchisees are responsible for paying the initial and ongoing license fees for the software.
Christies International Real Estate reserves the right to assign its rights to the Proprietary Software to a third party or to replace the software altogether. If this occurs, franchisees may be required to enter into a separate software license agreement specified by Christies International Real Estate or the third-party supplier. The franchisee is also responsible for ensuring their computer hardware can operate the required software, including any cloud-based software, and for implementing any necessary updates or modifications to the computer system.