Does the Remax franchise agreement prohibit sending advertising or promotional material considered 'spam,' and if so, what exceptions exist for marketing communications?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
theft of loss) of client information. (See also Subsection 3.C. (1) b.)
You agree to notify us in writing within 5 days of the receipt of any notice of violation of any law, ordinance, or regulation relating to the Office, or the commencement of any action, suit or proceeding, or of the issuance of any order, writ, injunction, award or decree of any court, agency or other governmental instrumentality, which may adversely affect you or your financial condition or the operation of the Office.
(2) Highest Standards of Ethical Advertising.
All of your marketing and promotion, and the marketing and promotion of your Sales Associates, and any other marketing and promotion emanating from your Office, must be completely factual and conform to the highest standards of ethical advertising. In all of your dealings with clients, customers, suppliers, us, REMAX, LLC and the public, you must adhere to the highest standards of honesty, integrity, fair dealing and ethical conduct. You agree to promptly respond to all complaints received from your customers, clients or other individuals, in an attempt to resolve any disputes in a reasonable business manner. You agree to refrain, and to ensure that your Sales Associates and any other persons affiliated with your Office refrain, from any business or advertising practice which may be injurious to our or REMAX, LLC's business and the goodwill associated with the RE/MAX Marks and other RE/MAX offices.
D. INSURANCE.
(1) Required Insurance Coverage.
You must at all times during the Term of the Franchise and this Agreement, and any extension or renewal thereof, maintain in force at your sole expense such insurance coverage that we require from time to time and to meet the insurance related obligations in this Agreement (your obligation to obtain and maintain the insurance described below shall not be limited in any way by reason of any insurance we or our Related Parties maintain, nor will your performance of such obligations relieve you of any obligations under Section 5 of this Agreement). This insurance shall include, at a minimum, the following coverage:
a. Comprehensive General Liability.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
Based on the 2025 Remax Franchise Disclosure Document, the franchise agreement emphasizes ethical advertising standards. While it doesn't explicitly use the term 'spam,' it mandates that all marketing and promotion be completely factual and adhere to the highest standards of ethical advertising. This extends to the franchisee's sales associates and any marketing emanating from their office.
The agreement requires franchisees to maintain honesty, integrity, fair dealing, and ethical conduct in all interactions, including those with clients, customers, suppliers, and the public. Franchisees must promptly respond to complaints and avoid any business or advertising practice that may harm Remax's business or goodwill.
Remax also provides marketing content for franchisees to use, but franchisees must adhere to brand standards and legal requirements. If a franchisee modifies the provided marketing content, they assume liability for any claims arising from violations of rules, laws, or regulations, including misleading advertising. While the term 'spam' is not directly mentioned, the overall emphasis on ethical and legal compliance suggests that spamming would be a prohibited practice under the franchise agreement.