Who is responsible for ensuring the Counselor Realty Business and Office meets architectural requirements?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
responsible for entering into and terminating contracts with agents;
- (e) use only advertising programs, materials and media (including print, audio, video, website, and computer-transmitted media) that conform at all times to Counselor's brand standard and image. If Counselor determines, in its sole discretion, that any advertising materials or media do not conform to Counselor's brand standard or image, you will alter or remove such advertising materials or media, as directed in writing by Counselor. You have the option to develop your own website as part of your overall promotion strategy. Your use of our trademarks in any advertising materials, advertising media or on your website must conform at all times to the requirements set forth in the Article 4 of this Agreement. Counselor does not currently require any advertising materials, advertising media or your website to be approved by Counselor prior to you using them, but reserves the right to review and approve such advertising materials, advertising media and your website (and to require you to alter or cease using all or any portion of such advertising materials, advertising media or website it does not approve); and
- (f) comply with changes we may make to the Franchise Policy Guidelines, System and standards even if additional investment or expenditures are required.
7.2 Best Efforts, Confidentiality and No Conflicts of Interest.
- (a) You or your Business manager must furnish your personal full time and attention and best efforts to the management and operation of your Business.
- (b) During and after the term of this Agreement, you shall not disclose to a third party or use, except to operate the Business during the term of this Agreement, any confidential or proprietary information, or trade secret, that we own or disclose to you. You must require your Business manager (if any) and agents to sign a corresponding confidentiality agreement. You must return the entire Franchise Policy Guidelines to us promptly upon termination or expiration of this Agreement or any transfer.
- (c) During the term of this Agreement, you will not own any interest in, or work for, engage in or assist, directly or indirectly, any real estate brokerage service business other than Counselor, or that competes with Counselor, at or within 50 miles of the Office (or any Additional Office or Extension Office) without Counselor's prior written approval.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
Based on the 2025 Counselor Realty Franchise Disclosure Document, the franchisee is responsible for ensuring their Counselor Realty Business and Office adheres to the brand's standards and image. Specifically, the franchisee must use advertising programs, materials, and media that conform to Counselor Realty's brand standard. If Counselor Realty determines that any advertising materials or media do not conform to their brand standard or image, the franchisee is obligated to alter or remove such advertising materials or media as directed by Counselor Realty in writing.
While franchisees have the option to develop their own website as part of their promotion strategy, the use of Counselor Realty's trademarks in any advertising materials, advertising media, or on their website must always conform to the requirements set forth in the franchise agreement. Although Counselor Realty does not currently require approval of advertising materials, media, or websites before use, they reserve the right to review and approve them, and to require franchisees to alter or cease using any portion that is not approved.
Furthermore, the franchisee must comply with any changes that Counselor Realty makes to the Franchise Policy Guidelines, System, and standards, even if such changes require additional investment or expenditures. This implies that franchisees must be prepared to update their office's appearance or operational standards to align with Counselor Realty's evolving brand standards. In the event that a Counselor Realty consents to an Extension Office, and subsequently elects to have the franchisee close the Extension Office, the franchisee must remove all distinctive inventory, trade dress, and leasehold improvements at such Extension Office to eliminate any similarity in design, structure, signage, trade dress, decor, color or layout to the distinctive appearance of other Counselor businesses.