Does the Engel & Volkers franchisor have the sole business judgment to modify or discontinue any of the Trademarks?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
If for any reason now or hereafter one or more of the Trademarks can no longer be used, or if Franchisor in its sole business judgment determines to modify or discontinue any of the Trademarks, or to adopt and use one or more additional or substitute Trademarks, then
Franchisee agrees to promptly comply with any of Franchisor's directions or instructions to modify or discontinue use of any Trademark and/or adopt and use one or more additional substitute Trademarks in accordance with the prior sentence. Franchisor shall not have any obligation to reimburse Franchisee for any expenditures Franchisee makes to comply with such instructions or directions. Nor will Franchisor be liable to Franchisee for any other expenses, losses or damages sustained by Franchisee or its franchised Business as a result of any Trademark addition, modification, substitution or discontinuation. Franchisee waives any claim or any such expenses, losses or damages and covenants not to commence or join in any litigation or other proceeding against Franchisor or any of Franchisor's affiliates for any of these expenses, losses or damages. If any trademarks, service marks, tradenames, logos, or other marks that are currently or in the future may be encompassed in the definition of "Trademarks" are modified or discontinued Franchisee's rights to use such Trademarks, or any other rights to such Trademarks shall cease upon Franchisor's notice to Franchisee of the discontinuance or modification, and such trademarks, service marks, tradenames, logos, or other marks will no longer be encompassed in the definition of "Trademarks" under this Agreement with respect to Franchisee's rights thereto.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, the franchisor has the authority to modify or discontinue any of the Trademarks in its sole business judgment. If the franchisor determines to modify or discontinue any of the Trademarks, the franchisee must comply with any directions or instructions to modify or discontinue use of any Trademark and/or adopt and use one or more additional substitute Trademarks.
Engel & Volkers is not obligated to reimburse the franchisee for any expenditures made to comply with such instructions or directions, nor will Engel & Volkers be liable to the franchisee for any other expenses, losses, or damages sustained by the franchisee or its franchised business as a result of any Trademark addition, modification, substitution, or discontinuation. The franchisee waives any claim for any such expenses, losses, or damages and covenants not to commence or join in any litigation or other proceeding against Engel & Volkers or any of its affiliates for any of these expenses, losses, or damages.
If any trademarks, service marks, tradenames, logos, or other marks that are currently or in the future may be encompassed in the definition of "Trademarks" are modified or discontinued, the franchisee's rights to use such Trademarks, or any other rights to such Trademarks, will cease upon Engel & Volkers' notice to the franchisee of the discontinuance or modification. Such trademarks, service marks, tradenames, logos, or other marks will no longer be encompassed in the definition of "Trademarks" under this Agreement with respect to the franchisee's rights thereto. This means Engel & Volkers franchisees must be prepared to adapt to changes in branding at their own expense and without recourse.