Are there any terms outside of the Counselor Realty Franchise Agreement that are binding on the franchisee?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section(s) in Franchise or Other Agreement | Summary |
|---|---|---|
| s. Modification of the agreement | Section 13.2 | No modifications generally but Franchise Policy Guidelines and licensed Marks subject to change by Counselor |
| t. Integration/merger clause | Section 13.1 | Only the terms of the Franchise Agreement are binding on Counselor |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 25–29)
What This Means (2025 FDD)
According to the 2025 Counselor Realty Franchise Disclosure Document, while the integration/merger clause states that only the terms of the Franchise Agreement are binding on Counselor Realty, there are other documents and policies that franchisees must adhere to. Specifically, franchisees must operate their business in accordance with the Franchise Policy Guidelines, and these guidelines and licensed Marks are subject to change by Counselor Realty. Franchisees must also comply with changes Counselor Realty makes to the System and standards, even if this requires additional investment or expenditures.
Furthermore, franchisees and their business managers are required to maintain the confidentiality of Counselor Realty's proprietary information and trade secrets both during and after the term of the agreement. Franchisees must also ensure their agents sign a corresponding confidentiality agreement. Upon termination or expiration of the Franchise Agreement, the entire Franchise Policy Guidelines must be returned to Counselor Realty.
In addition to the Franchise Agreement and Franchise Policy Guidelines, Counselor Realty franchisees must possess a real estate broker's license in good standing and comply with all applicable laws and regulations. They must also use advertising programs and materials that conform to Counselor Realty's brand standard and image. While Counselor Realty does not currently require approval of advertising materials, they reserve the right to review and approve them in the future, and franchisees must alter or remove any materials that Counselor Realty does not approve.