Does Remax have any fiduciary obligations to Remax offices regarding the Marketing Fund?

According to Remax's 2025 Franchise Disclosure Document, neither Remax nor REMAX, LLC has any fiduciary obligations to Remax offices regarding the Marketing Fund. The document explicitly states that Remax and REMAX, LLC disavow the existence of any such fiduciary relationship in connection with the establishment of the Marketing Fund or the collection, control, or administration of monies paid into it. This means that Remax franchisees cannot claim that Remax or REMAX, LLC is legally obligated to act in their best financial interest when managing the Marketing Fund.

Remax utilizes the Marketing Fund to maximize general public recognition of the RE/MAX Marks and the System and services offered by RE/MAX offices. The specific use and allocation of monies in the Marketing Fund is determined by REMAX, LLC in its sole discretion and may change from time to time. These funds are used for advertising, marketing materials, promotions, public relations, consumer surveys, and technology-related services. Examples include television, video, radio, billboard, print, digital, and social media campaigns, as well as the development and maintenance of websites, lead and customer relationship management solutions, and mobile applications.

This arrangement carries implications for prospective franchisees. Remax does not guarantee that expenditures from the Marketing Fund will be proportionate or equivalent to a franchisee's contribution, or that any franchisee will directly benefit in proportion to their contribution. Furthermore, Remax retains the right to vary, waive, reduce, or defer Marketing Fund contributions and operations, meaning that not all franchisees contribute on the same basis. Therefore, franchisees should be aware that their contributions to the Marketing Fund may not directly correlate with the benefits they receive and that Remax has significant discretion in how the fund is managed and spent.