Is a Remax customer responsible for all uses of the Offerings resulting from access they provide?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
content, or materials ("Third Party Terms"); or (m) otherwise access or use the Offerings beyond the scope of the authorization in this Section. If an Authorized User violates any condition of or restriction to the license granted in this Section 2, Licensor shall give written notice of the Authorized User's violation to Customer, not to the Authorized User, and shall give
Customer the opportunity to cure the Authorized User's violation or to cause the Authorized User to cure the violation.
- 2.3 Changes to Offerings; Support. Licensor may modify the Offerings at any time and at its sole discretion, including for technical reasons such as updates, maintenance operations or resets designed to improve the Software or for changes in any Supplier Products. The Software may install or download the modifications automatically. Licensor may stop supporting previous versions of the Software upon availability of an updated version.
- 2.4 Customer Responsibilities. Customer is responsible and liable for all uses of the Offerings resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, a Remax customer is responsible and liable for all uses of the Offerings (services) resulting from access provided by the customer, whether the access or use is permitted or violates the agreement. This means that if a Remax franchisee provides access to the Offerings, they are accountable for how those Offerings are used.
This responsibility extends to the actions of Authorized Users. Remax considers the acts and omissions of Authorized Users as the acts and omissions of the customer. Therefore, any action by an Authorized User that would breach the agreement if taken by the customer is considered a breach by the customer. This means the franchisee is responsible for ensuring their agents or employees are using the platform correctly.
To ensure compliance, Remax requires customers to make all Authorized Users aware of the agreement's provisions applicable to their use of the Offerings and to ensure they comply with those provisions. This highlights the importance of training and oversight within a Remax franchise to prevent breaches of the agreement.
Remax will provide written notice to the customer, not the Authorized User, if an Authorized User violates the license conditions. The customer then has the opportunity to correct the violation or ensure the Authorized User does so. This clause emphasizes the franchisee's role in managing and controlling the use of Remax's Offerings within their organization.