What are the exceptions to the confidentiality obligations regarding Confidential Information under the Remax agreement?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
Independent Access to Information.
You acknowledge, understand and agree that REMAX, LLC may have independent access to the (i) the information that is generated and stored on any of the Optional Resources; (ii) the information that is uploaded or automatically transferred to the Optional Resources, as well as (iii) the information that may be stored in the Optional Resources. You acknowledge, understand, and agree that REMAX, LLC has the right to access, evaluate, use, aggregate, analyze and take any action that it deems necessary based on such information for any purpose it deems reasonable, including but not limited to (i) assisting us in gathering relevant information for analysis and decision-making; (ii) generating insights regarding RE/MAX franchisees in general; (iii) providing technical support; and (iv) helping us improve the RE/MAX System. Additionally, we may sell and monetize this information (including client information) as well as profit from this information as we deem appropriate without compensation to you. REMAX, LLC may retrieve and store all information from the Optional Resources that it considers necessary, desirable or appropriate. All of this information shall be considered the property of REMAX, LLC and no such information shall be considered confidential. There are no limitations on REMAX, LLC's right to access information that is stored in the Optional Resources.
(3) Other Systems, Programs, and Procedures.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to the 2025 Remax Franchise Disclosure Document, franchisees are generally required to protect Confidential Information, but there are exceptions. Remax, LLC has independent access to information generated and stored on MAX/Center and the BoldTrail Back Office Software, information uploaded or transferred to these platforms, and information stored in the Intuit QuickBooks Online account integrated with BoldTrail Back Office. Remax, LLC has the right to access, evaluate, use, aggregate, analyze, and take action on this information for any reasonable purpose.
This access extends to assisting Remax in gathering information for analysis and decision-making, generating insights regarding Remax franchisees, providing technical support, and improving the Remax System. Remax may also sell and monetize this information without compensating the franchisee. All information accessed in this manner is considered the property of Remax, LLC, and is not considered confidential.
Similarly, Remax, LLC has independent access to information generated, stored, uploaded, or transferred to any Optional Resources. Remax, LLC can access, evaluate, use, aggregate, analyze, and take action on this data for purposes such as assisting in information gathering, generating franchisee insights, providing technical support, and improving the Remax System. Remax may also sell and monetize this information, including client information, without compensating the franchisee, and all such information is considered the property of Remax, LLC, without any confidentiality limitations.
These stipulations mean that while franchisees must protect certain confidential information, Remax and Remax, LLC have broad rights to access and use data related to the franchisee's operations, particularly data stored on Remax's systems and optional resources. This data can be used for various purposes, including commercial activities, without any obligation to compensate the franchisee, and is not subject to confidentiality restrictions.