Under what circumstances can an Engel & Volkers franchisee copy the System Documentation?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
You must treat the System Documentation as strictly confidential and not allow any unauthorized persons to read them or have access to them. The System Documentation and the copyright on them remain our sole and exclusive property. You may only use the System Documentation during the term of your Franchise Agreement. The System Documentation at all times shall remain our exclusive property, and you must return the System Documentation (and all copies which you have made or obtained) to us promptly upon our request and, in any event, upon termination or expiration of your Franchise Agreement for any reason. You may not at any time copy, duplicate, record or otherwise reproduce or transcribe any of the System Documentation or any of the forms we supply without our prior written consent. If the System Documentation are supplied electronically, you may print one copy for your personal use. Although we have not filed an application for a copyright registration for these materials, we claim a copyright for all of these materials and the information is proprietary. The use of the material is limited only to you and your employees.
You must treat all business and operational secrets and all information you receive, either directly or indirectly, about the Engel & Völkers System and from the know-how included in the System Documentation ("Confidential Information") in strict confidence and not divulge it to any third party. Access to this Confidential Information by your employees and sales advisors must be restricted to the necessary minimum (need-to-know) and may only be used for purposes of performing under your Franchise Agreement. During the Term of the Franchise Agreement or afterwards, you cannot use any Confidential Information, directly or indirectly, in any other business or in any other manner or obtain any benefit not specifically approved in writing by us. You must impose these secrecy undertakings on your employees and independent sales advisors. These confidentiality obligations will continue after termination or expiration of the Franchise Agreement. However, you are permitted to use any information, knowledge and transferred know-how which has meanwhile become generally known and easy to obtain, except in cases where this has occurred as a result of a breach of the Franchise Agreement.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 59–61)
What This Means (2025 FDD)
According to Engel & Volkers's 2025 Franchise Disclosure Document, franchisees face strict limitations on copying the System Documentation. The System Documentation remains the exclusive property of Engel & Volkers, and franchisees are only permitted to use it during the term of their Franchise Agreement. Upon termination or expiration of the agreement, franchisees must return all copies of the System Documentation to Engel & Volkers.
Specifically, franchisees are prohibited from copying, duplicating, recording, or reproducing the System Documentation or any supplied forms without Engel & Volkers's prior written consent. However, if the System Documentation is provided electronically, franchisees are allowed to print one copy for their personal use. This exception provides a limited allowance for franchisees to have a physical copy for their immediate reference, but it does not extend to broader reproduction or distribution.
The FDD emphasizes the confidential nature of the System Documentation and other proprietary information. Franchisees must ensure that their employees and sales advisors only have access to Confidential Information on a need-to-know basis, solely for performing their duties under the Franchise Agreement. These confidentiality obligations extend beyond the termination or expiration of the Franchise Agreement, underscoring the long-term importance of protecting Engel & Volkers's proprietary assets. Franchisees are also obligated to inform Engel & Volkers of any unauthorized use of these materials, further highlighting the franchisor's commitment to protecting its intellectual property.