Is an Engel & Volkers franchisee allowed to use unauthorized photography to promote its services?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
Additionally, Franchisee is not permitted to use any text, copy, photography, images, sound, and/or video to promote its services and/or listings unless Franchisee has proper authorization or a license to do so on any websites, mobile applications, other electronic media, public relations initiatives, social media, photography, any other advertising, marketing or any other business measures. Franchisee agrees to refrain from any business or advertising practice which might injure Franchisor's business or the goodwill associated with the ENGEL & VÖLKERS System or Trademarks.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from using unauthorized photography or other media to promote their services. The FDD states that franchisees must have proper authorization or a license to use any text, copy, photography, images, sound, or video in their advertising and marketing efforts. This restriction applies to all promotional channels, including websites, mobile applications, electronic media, public relations, social media, and general advertising.
This requirement ensures that Engel & Volkers maintains brand consistency and avoids potential legal issues related to copyright infringement or misuse of intellectual property. By controlling the marketing materials used by franchisees, Engel & Volkers can protect its brand image and ensure that all advertising is compliant with legal standards. This also helps to standardize the Engel & Volkers system, as franchisees must use design formats provided by the franchisor, which are subject to ongoing improvement and standardization.
The franchisee's agreement also specifies that any business or advertising practice that could harm Engel & Volkers' business or goodwill is prohibited. This clause reinforces the importance of adhering to the franchisor's guidelines and obtaining necessary permissions for all marketing content. Failure to comply with these requirements could lead to a breach of the franchise agreement.
In practical terms, an Engel & Volkers franchisee must be diligent in securing the appropriate licenses and authorizations for any visual or audio content used in their promotional activities. This may involve obtaining permission from photographers, stock image providers, or other copyright holders. Franchisees should also work closely with Engel & Volkers to ensure that their marketing materials align with the brand's standards and legal requirements. This proactive approach will help franchisees avoid potential legal issues and maintain a positive brand image.