Does the Engel & Volkers system documentation address the use of franchisee subdomain websites?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
a sites, blogs, electronic communication and other online sites and applications on which the Trademarks, service marks, trade names, copyrights or any similar marks are used. Franchisee agrees to remove any usage or content that Franchisor requires, including without limitation, content that Franchisor deems to be scandalous, immoral or detrimental to Franchisor's image. Franchisee further agrees and acknowledges that Franchisor may prohibit use of the Trademarks and any confusingly similar marks on any site or all sites and applications.
11. System Documentation
- 11.1 Compliance with System Documentation: Franchisor has summarized and documented details of the ENGEL & VÖLKERS System and its application in the System Documentation. In order to preserve the good reputation of the ENGEL & VÖLKERS System and ensure maintenance of uniform standards, Franchisee hereby agrees to operate its Residential Real Estate Brokerage in accordance with the mandatory instructions contained in the System Documentation, as it may be amended or modified from time to time. Notwithstanding the foregoing, nothing in the System Documentation shall give Franchisor the right to use technology or tools that the Franchisee is required to use pursuant to the System Documentation to direct or assert control over Franchisee's staff members' or Sales Advisors working conditions, except to the extent the control relates to Franchisor's legitimate interest in protecting the quality of the ENGEL & VÖLKERS System (brand) or the products or services offered at the Residential Real Estate Brokerage.
- 11.2 Validity of System Documentation: Franchisor will provide Franchisee with access to the System Documentation. The System Documentation may be available through a secure Internet link from time to time. Franchisor may communicate to Franchisee mandatory and suggested standards, methods, procedures and specifications applicable to the ENGEL & VÖLKERS System and information relative to other obligations of Franchisee under this Agreement and to the operation of the ENGEL & VÖLKERS System. Such communications may be made through the System Documentation or written or electronic media. Franchisee shall follow the instructions contained in the most recent versions of the System Documentation. In case of any doubt, the master version of the System Documentation kept at the Franchisor's head office shall take precedence, control and
prevail. The System Documentation may be modified by Franchisor in its sole business judgment at any time.
11.3 Confidentiality, Copyright, etc.: Franchisee hereby agrees to treat the System Documentation as strictly confidential and not to allow any unauthorized persons to read or use them or to have access to them. The System Documentation and the copyright on them remain the sole and exclusive property of Franchisor. Franchisee may only use the System Documentation during the Term and may only use them for purposes of operating its business in compliance with the ENGEL & VÖLKERS System. The System Documentation at all times shall remain the exclusive property of Franchisor, and Franchisee shall return all copies of the System Documentation, in whatever format, which Franchisee may have made or obtained to Franchisor promptly upon request by Franchisor and, in any event, upon termination or expiration of this Agreement for any reason whatsoever. Franchisee shall not at any time copy, duplicate, record or otherwise reproduce or transcribe any of the System Documentation or any of the forms supplied by Franchisor hereunder without Franchisor's prior written consent. If the System Documentation is supplied electronically, Franchisee may print one copy for its personal use in the operation of the Residential Real Estate Brokerage.
12. Ongoing Development of the ENGEL & VÖLKERS System
12.1 Modifications:
12.1.1 The parties hereby mutually agree that it may be necessary to adapt the ENGEL & VÖLKERS System, either on a temporary or a permanent basis, due to changing market conditions.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, the System Documentation outlines mandatory instructions for operating a Residential Real Estate Brokerage. Franchisees must adhere to these guidelines to maintain uniform standards and the brand's reputation. The System Documentation is accessible via a secure Internet link and may be updated periodically by Engel & Volkers. Franchisees are expected to follow the most recent versions, with the master version kept at the head office taking precedence in case of any discrepancies. Franchisees also agree to keep the System Documentation confidential and only use it to operate their business in compliance with the Engel & Volkers System. Franchisees are restricted from reproducing the System Documentation without prior written consent from Engel & Volkers. If provided electronically, franchisees can print one copy for personal use in operating their Residential Real Estate Brokerage.
The Engel & Volkers franchise agreement also stipulates that upon termination, franchisees must transfer all internet domain names pertaining to the franchised business to Engel & Volkers. This includes domain names with terms such as "engelvoelkers", "volkers", "voelkers", "engel", "ev", or "evrealestate", or any confusingly similar variations. This requirement ensures that Engel & Volkers maintains control over its brand and online presence even after a franchise agreement ends.
While the FDD mentions the transfer of internet domain names upon termination of the franchise agreement, it does not specifically address the use of franchisee subdomain websites during the active term of the agreement. A prospective franchisee should seek clarification from Engel & Volkers regarding the policies and guidelines for using subdomain websites, including any restrictions or requirements for content, branding, and marketing.