Can the Engel & Volkers Integrated Product Suite be amended?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
st such Content to the Integrated Product Suite, and (c) such Content or its use by Franchisee and/or Franchisor, must not otherwise violate (i) any agreement Franchisee may have with Franchisor, or its licensors, (ii) applicable law, or iii) any intellectual property (including, without limitation, copyright), publicity, personality or other rights of any other third party. Upon request, Franchisee will provide Franchisor with proof of ownership to the Content or of a license or other permission to post the Content to the Integrated Product Suite.
7.7 Modifications of Integrated Product Suite. Franchisee and Franchisor acknowledge and agree that changes to technology are dynamic and not predictable within the Term. In order to provide for inevitable but unpredictable changes to technological needs and opportunities and changes to the ENGEL & VÖLKERS System, Franchisee agrees that Franchisor shall have the right to add or delete any or all tools, web-based and other technology and software that make up the Integrated Product Suite or any part thereof, and to amend and modify such tools, technology and software as well as the terms for their usage. Franchisor may further establish reasonable new standards for the implementation of technology in the ENGEL & VÖLKERS System, including changes and adaptation to the Integrated Product Suite. Franchisee agrees that it shall adopt any changes or modifications to the Integrated Product Suite and abide by those reasonable modified or new standards established by Franchisor at its sole cost.
7.8 Warranty and Disclaimer/Limitation of Liability
- 7.8.1 Warranty and Disclaimer. Franchisor warrants to Franchisee that it has the right to grant the Integrated Product Suite license to Franchisee as stipulated in this Agreement. Except for the foregoing, the Integrated Product Suite and Licensed Materials are provided "AS IS" and without warranty of any kind, either express or implied by operation of law or otherwise, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose and warranties against interference or infringement. Franchisor does not warrant or represent that the operation of the Integrated Product Suite or use of the Licensed Materials will be uninterrupted or error free or that any defects in the Integrated Product Suite or Licensed Materials will be or can be corrected.
- 7.8.2 Limitation of Liability**.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers's 2025 Franchise Disclosure Document, Engel & Volkers has the right to modify the Integrated Product Suite. The document states that because technology is dynamic and unpredictable, Engel & Volkers can add or delete any tools, web-based technology, or software that make up the Integrated Product Suite. They can also amend and modify these tools, technologies, and software, as well as the terms for their usage. Engel & Volkers can also establish new standards for technology implementation within the Engel & Volkers system, including changes and adaptations to the Integrated Product Suite.
As an Engel & Volkers franchisee, you are obligated to adopt any changes or modifications to the Integrated Product Suite. You must also abide by any reasonable modified or new standards established by Engel & Volkers, and you will bear the costs of these changes. This means that franchisees need to be prepared for ongoing technology updates and the associated expenses to remain compliant with the Engel & Volkers system.
Engel & Volkers may also adapt the Engel & Volkers System, including the Integrated Product Suite, due to changing market conditions. While Engel & Volkers has the discretion to make these changes, the costs to the franchisee for adaptations and modifications should not be unreasonable. Franchisees should recognize that modifications relating to computer systems and technology may require frequent upgrades and changes. Engel & Volkers will provide written or electronic notification of any amendments, additions, deletions, or substitutions to the System Documentation, and franchisees must update their versions of the System Documentation accordingly at their own expense.