What is the Engel & Volkers agreement's definition of 'Franchisor'?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges and agrees that neither the Engel & Völkers Group nor the Parent are a party to this Agreement or bound to Franchisee in any way by this Agreement.
Although as a franchisee of the ENGEL & VÖLKERS System, Franchisee may obtain services from the Engel & Völkers Group or Parent or their affiliates, Franchisee understands and agrees that:
25.1.1 this Agreement is solely between Franchisee and Franchisor;
25.1.2 Franchisee will look only to Franchisor for performance of any of Franchisor's obligations under this Agreement;
25.1.3 The Engel & Völkers Group, the Parent, E&V Marken and Grund Genug Verlag are each an intended third-party beneficiary of this Agreement as provided in Section 25.2;
25.1.4 Franchisor is not an agent of the Engel & Völkers Group or the Parent and has no authority to bind it to any commitments or obligations;
25.1.5 Franchisee has dealt only with Franchisor in the award of the ENGEL & VÖLKERS franchise (and not with the Engel & Völkers Group or the Parent or any of their affiliates);
25.1.6 Neither the ENGEL & VÖLKERS Group nor the Parent or their affiliates have no obligations to Franchisee under this Agreement or otherwise in connection with Franchisee's acquisition of the franchise;
25.1.7 Franchisee will make no claims against the Engel & Völkers Group or the Parent or any of their affiliates arising out of Franchisee's acquisition of this Agreement or Franchisor's performance of its obligations under this Agreement;
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
Based on the 2025 Engel & Volkers Franchise Disclosure Document, the agreement specifies that the relationship is solely between the franchisee and the franchisor. The Engel & Völkers Group and its Parent are not parties to the agreement and are not bound to the franchisee in any way by the agreement.
The document clarifies that while franchisees may receive services from the Engel & Völkers Group or Parent, the franchisee must look only to the franchisor for the performance of any obligations under the franchise agreement. The Engel & Völkers Group, the Parent, E&V Marken, and Grund Genug Verlag are each intended third-party beneficiaries of the agreement.
Furthermore, the franchisor is not an agent of the Engel & Völkers Group or the Parent and cannot bind them to any commitments. The franchisee acknowledges that they have dealt only with the franchisor in the awarding of the Engel & Volkers franchise and that neither the Engel & Völkers Group nor the Parent has any obligations to the franchisee under the agreement. The franchisee also agrees not to make any claims against the Engel & Völkers Group or the Parent arising from the franchisee's acquisition of the agreement or the franchisor's performance of its obligations.