Who exercises day-to-day control over the operations of an Engel & Volkers franchised business?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
- 6.3 Franchisee acknowledges and agrees, and will never contend otherwise, that Franchisee alone will exercise day-to-day control over all operations, activities and elements of its franchised Business hereunder and that under no circumstance shall Franchisor do so or be deemed to do so.
Franchisee further acknowledges and agrees, and will never contend otherwise, that the various requirements, restrictions, prohibitions, specifications and procedures of the ENGEL & VÖLKERS System which Franchisee is required to comply with under this Agreement, whether set forth in the System Documentation or otherwise, do not directly or indirectly constitute, suggest, infer or imply that Franchisor controls any aspect or element of the day-to-day operations of Franchisee's franchised Business, which Franchisee alone controls, but only constitute standards Franchisee must adhere to when exercising Franchisee's control of the day-to-day operations of its franchised Business.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, the franchisee alone exercises day-to-day control over all aspects of their franchised business. Engel & Volkers, the franchisor, will not be deemed to do so under any circumstance. The franchisee makes all the decisions regarding the operations, activities, and elements of the business.
Engel & Volkers does establish requirements, restrictions, and procedures within the Engel & Volkers System. However, these guidelines do not imply that Engel & Volkers controls the franchisee's daily operations. Instead, they are standards that the franchisee must adhere to while managing their business. The franchisee is responsible for ensuring compliance with these standards.
As an independent contractor, the franchisee has full control and responsibility for their Engel & Volkers franchise. Any support or advice provided by Engel & Volkers is intended to protect the brand's system, trademarks, and goodwill, and to assist the franchisee in their operations, not to control their decisions or daily activities. This reinforces the franchisee's autonomy in running their business while adhering to the established brand standards.