Following termination or non-renewal of a Remax franchise, what specific actions must be taken regarding the Remax Marks on websites and web pages?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
NCHISE AGREEMENT BETWEEN REMAX REGIONAL AND REMAX, LLC**.
A. PAYMENT OF AMOUNTS OWED TO REMAX REGIONAL AND REMAX, LLC.
You agree to pay us within 5 days after the effective date of termination or expiration of the Franchise, or Abandonment of the Office, or at any later date that the amounts due to us are determined, such Monthly Ongoing Fees, Marketing Fund fees, Hot Air Balloon Fund fees (if applicable), Regional Development fees (if applicable), Lost Future Revenue, and all other amounts owed to us and REMAX, LLC which are then unpaid.
B. DE-IDENTIFICATION.
You and your Owners agree that after the termination, expiration, non-renewal or Abandonment of the Franchise you and your Owners will, at your sole expense, ensure that you, your Owners and each of your Sales Associates:
- (1) immediately and clearly distinguish your operations from RE/MAX and the System, so as to avoid any possibility of confusion to the public, and not directly or indirectly at any time identify any business with which you are associated as being a current or former RE/MAX office or franchisee or otherwise use the System or hold yourself out to the public in any way as being or as having been affiliated with us, REMAX, LLC or other RE/MAX Affiliates;
- (2) immediately cease use of the RE/MAX Marks, including removing, erasing or obliterating the RE/MAX Marks from your letterhead, stationery, printed matter, advertising, websites and web pages (including without limitation, in visual content, hyperlinks, source code, meta tags, and third-party directory
listings), software applications, social media services and other materials as well as all words and designations indicating that you are or were associated or affiliated with us, REMAX, LLC or other RE/MAX Affiliates;
- (3) immediately take any action that may be required, including filing all necessary paperwork, to cancel all trade, fictitious or assumed names or equivalent registrations which contain any reference to any RE/MAX Mark or any variation thereof. In addition, if you did not use the Non-RE/MAX Trade Name Terms with a non-RE/MAX real estate office for at least 3 years prior to Franchisee's first date of affiliation with the RE/MAX System, then you further agree that upon a termination, Abandonment, or expiration of this Agreement that is subject to the provisions of Subsection 14.J.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, after the termination, expiration, non-renewal, or abandonment of a Remax franchise, franchisees must take immediate steps to de-identify their operations from Remax. This includes ensuring that their operations are clearly distinguished from Remax to avoid public confusion. Franchisees cannot directly or indirectly identify any business as a current or former Remax office or franchisee. They are prohibited from using the Remax system or holding themselves out to the public as being or having been affiliated with Remax.
Specifically, franchisees must immediately cease using the Remax Marks. This includes removing, erasing, or obliterating the Remax Marks from their websites and web pages. This encompasses visual content, hyperlinks, source code, meta tags, and third-party directory listings. The de-identification extends to software applications, social media services, and other materials. Franchisees must also remove all words and designations indicating an association or affiliation with Remax.
In addition to removing the Remax Marks, franchisees must take any required action to cancel all trade, fictitious, or assumed names or equivalent registrations that contain any reference to any Remax Mark or any variation thereof. Failure to comply with these de-identification requirements can result in liquidated damages. The FDD states that after a 10-day grace period following termination or expiration, a franchisee may have to pay Remax $500 for each day they fail to meet these obligations. This monetary amount is considered liquidated damages and not a penalty. However, this does not limit Remax's rights regarding trademark infringement, unfair competition, or breach of contract, nor does it affect Remax's right to seek injunctive relief or specific performance.