Are the Essential ICA Provisions for Remax franchises designed to govern the day-to-day operation, management, or activity of the franchisee's office?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
To preserve flexibility for those who may elect to create their own ICA rather than adapt REMAX, LLC's Model ICA for their use, REMAX, LLC has identified certain essential provisions ("Essential ICA Provisions") that are intended to preserve the reputation and goodwill associated with RE/MAX and protect and advance the interests of the entire RE/MAX Network. You are required to include these Essential ICA Provisions in every ICA or similar agreement you develop and use with your Sales Associates.
The Essential ICA Provisions do not pertain to or govern the day-to-day operation, management or activity of your Office, which is entirely determined by you in your own judgment; rather, the Essential ICA Provisions are designed in large measure to help preserve and protect the valuable RE/MAX Marks and the goodwill associated with the RE/MAX Marks.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, the Essential ICA Provisions are not designed to govern the day-to-day operations, management, or activities of a Remax office. Instead, these provisions are intended to preserve and protect the RE/MAX Marks and the goodwill associated with them. The FDD emphasizes that franchisees have the autonomy to determine the operation, management, and activity of their offices.
Remax provides a Model Independent Contractor Agreement (ICA) that franchisees can use as a framework for their relationships with Sales Associates. While franchisees are not required to use the Model ICA, it includes Essential ICA Provisions that must be incorporated into any ICA they use. These provisions aim to ensure that the reputation and goodwill of the RE/MAX brand are maintained across the network.
It's important for prospective Remax franchisees to understand that while they have considerable control over their office's operations, they must adhere to the mandatory elements of the Remax System, as outlined in the Brand Standards Manual. These standards are designed to protect the RE/MAX Marks and the reputation of the RE/MAX Network. Franchisees are also responsible for ensuring their ICAs comply with all applicable laws and regulations, and Remax recommends consulting with legal counsel to review their ICA.