What is the Engel & Volkers agreement's definition of 'Members'?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
d in Section 4.5 and Appendix 1). Franchisee will independently negotiate and agree with each of its clients on terms for each real estate transaction(s) in which it represents such client.
- 6.10 Professional Standards and Code of Ethics: When providing real estate brokerage services for the types of property covered by this Agreement and otherwise in the operation of the Residential Real Estate Brokerage, Franchisee and its staff members and Sales Advisors will protect the reputation and value of the ENGEL & VÖLKERS System and Trademarks. Franchisee and its staff members and Sales Advisors shall observe any best practices stipulated in the ENGEL & VÖLKERS System Documentation, including, but not limited to, any Code of Ethics Franchisor may develop and will provide real estate brokerage services and will interact with its customers, the general public, other franchisees and Franchisor and its affiliates in accordance with the highest professional standards. Should for any reason disputes or complaints arise between Franchisee and its Sales Advisors, its staff members, its clients or other franchisees, Franchisee will respond to and resolve such disputes or complaints without delay, professionally and fairly.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
I am unable to provide a direct definition of "Members" within the Engel & Volkers 2025 Franchise Disclosure Document excerpts provided. However, the term "staff members" is referenced in the context of franchisee obligations and conduct. Specifically, the franchisee is responsible for ensuring that their staff members protect the reputation and value of the Engel & Volkers system and trademarks. Franchisees must also ensure their staff members observe best practices stipulated in the Engel & Volkers System Documentation and interact professionally with customers, the public, other franchisees, and the franchisor.
Additionally, the FDD mentions "Sales Advisors" as individuals employed or contracted by the franchisee's residential real estate brokerage. These Sales Advisors do not have an independent right to use the Engel & Volkers trademarks; their use is contingent upon the franchisee's license. The document also states that conferences are organized for franchisees, their staff members, and Sales Advisors to exchange information.
To fully understand who is included in the definition of "Members" and their specific obligations and rights, a prospective Engel & Volkers franchisee should seek clarification from the franchisor regarding the precise definition used within the franchise agreement and any related documentation.