Is a Remax contractor allowed to claim or assert that they are an employee or agent of the Remax Franchisor/Regional?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
Both you and REMAX Regional understand and agree that this Agreement does not create a fiduciary relationship between you and REMAX Regional, that you are an independent contractor, and that nothing in this Agreement is intended to make either party a general or special agent, joint venturer, partner, or employee of the other for any purpose whatsoever. All employees or agents hired or engaged by or working for you shall be your employees or agents only, and shall not for any purpose be deemed employees or agents of ours or REMAX, LLC nor subject to our or REMAX, LLC's control or right of control. No covenant shall be implied to vary or interpret the terms of this provision. You are not authorized to accept service of process or legal notices directed at us or REMAX, LLC or any of our Related Parties. However, we and REMAX, LLC have the right, and you must permit both us and REMAX, LLC, to communicate directly with your Sales Associates concerning any matter that we or REMAX, LLC deem necessary or appropriate relating to the System or your Office, without incurring any liability to you. You agree to conspicuously identify yourself in all your dealings with clients, customers, suppliers, public officials, Office personnel, and others as the owner of the Office pursuant to an Agreement with REMAX Regional. You shall include, and you shall ensure that everyone affiliated with the Office includes, on all forms, business cards, stationery, advertising, and other materials the statement "Each Office Independently Owned and Operated" or such other statement as we may require from time to time. Such a statement must also be displayed in a prominent place near the main entrance to the Office and in the reception area.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, the agreement between the franchisee (referred to as REMAX Regional) and Remax clearly states that no fiduciary relationship is created. The franchisee operates as an independent contractor, and nothing within the agreement should imply that either party is a general or special agent, joint venturer, partner, or employee of the other for any purpose.
Remax franchisees are responsible for their own employees and agents, who are not considered employees or agents of Remax, LLC, and are not subject to their control. Franchisees must identify themselves as the owners of their office operating under an agreement with Remax Regional in all dealings with clients, customers, suppliers, public officials, office personnel, and others.
Furthermore, all materials, including forms, business cards, stationery, and advertising, must include the statement "Each Office Independently Owned and Operated" or a similar statement required by Remax. This statement must also be prominently displayed at the office entrance and reception area. This reinforces the independent nature of the franchise and prevents any misrepresentation of an employment or agency relationship with Remax.