Is a Remax customer allowed to sublicense the software to another party?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
You hereby grant to REMAX, LLC a non-exclusive, irrevocable, perpetual, worldwide, royalty-free license to use, sublicense through multiple tiers, copy, publish, display, and reproduce the Listing Content contained in your Office Listings, to prepare derivative works of the Listing Content, and to distribute the Listing Content or any derivative works thereof.
As used herein, "Listing Content" means, with respect to an Office Listing, all data and content, including without limitation, all photographs, images, graphics, video recordings, virtual tours, drawings, written descriptions, remarks, narratives, and pricing information with respect to that Office Listing that is used to market the Office Listing in an MLS database, to the public or to other real estate professionals.
Such license shall be deemed granted as of the moment of creation without the necessity of any further action on the part of either party and shall apply whether you or your Sales Associate provides such Listing Content directly to REMAX, LLC or its designee or REMAX, LLC or its designee obtains Listing Content for your Office Listings via another source.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
The 2025 Remax Franchise Disclosure Document (FDD) outlines specific licensing permissions granted to Remax regarding real estate listings. Remax franchisees grant Remax, LLC a non-exclusive, irrevocable, perpetual, worldwide, royalty-free license to use, sublicense through multiple tiers, copy, publish, display, and reproduce the Listing Content contained in their Office Listings, to prepare derivative works of the Listing Content, and to distribute the Listing Content or any derivative works thereof. This means Remax has extensive rights to utilize and share listing information.
This license extends to all data and content within the Office Listings, including photographs, images, graphics, video recordings, virtual tours, drawings, written descriptions, remarks, narratives, and pricing information used to market the listings. The license is effective immediately upon creation of the content, without needing further action from either party. It applies whether the franchisee or their sales associates provide the listing content directly or if Remax obtains it from another source.
However, the FDD does not explicitly state whether a Remax customer (i.e., someone using the services of a Remax franchisee) has the right to sublicense any software. The document focuses on the rights Remax has to sublicense franchisee-provided content. A prospective franchisee should seek clarification from Remax regarding the specific terms of software usage and sublicensing rights for customers to fully understand the scope of permitted activities and potential limitations.