Where in the Remax Franchise Agreement and related documents can I find information about the franchisee's indemnification obligations?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
D. INDEMNIFICATION.
You shall be solely and exclusively responsible for any fines, taxes, costs, expenses, damages, loss or liability, of any kind or nature, arising out of any suits, actions, proceedings, claims or counterclaims, regardless of whether you were named or served in the matter relating to or arising out of your business or the operation of the Franchise (collectively "Claims"), including but not limited to, any acts or omissions of you, your Owners, employees or Sales Associates, or the operation of the Office, and including but not limited to (i) your alleged failure to comply with applicable laws and/or this Agreement, including but not limited to your de-identification obligations pursuant to Subsection 14.B; (ii) any Claim that REMAX Regional, REMAX, LLC or any of the Related Parties are a joint employer with you for any reason; and (iii) allegations that REMAX Regional, REMAX, LLC or its Related Parties were negligent or failed to train or supervise you, your Owners, or your Sales Associates, even if any Claims are brought or filed after transfer, termination or expiration of this Agreement or Abandonment of the Office. You agree to indemnify, defend and hold us and REMAX, LLC, and each of our and their Related Parties and our and their respective officers, directors, employees and shareholders harmless from and against, and to reimburse us and them for, all such fines, taxes, costs, expenses, damages, loss or liability for which we or they are held liable or which we or they incur in connection with any Claims, including, without limitation, actual and consequential damages, attorneys', accountants', and expert witness fees, cost of investigation and proof of facts, court costs, other litigation expenses and travel and living expenses. You agree to waive all rights of subrogation against REMAX Regional, REMAX, LLC, each of our and their Related Parties, and our and their respective officers, directors, employees and shareholders. REMAX Regional and REMAX, LLC have the right to defend any Claims and, in connection therewith, to retain legal counsel of our or their choice and bill you for all costs and attorneys' fees incurred for any Claim originating from the acts/omissions of you, your Owners, employees, or Sales Associates, which costs and fees you
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 53–56)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, the franchisee's indemnification obligations are detailed in Section D of Item 22, which covers contracts. This section specifies that the franchisee is solely responsible for any fines, taxes, costs, expenses, damages, loss, or liability arising from any claims related to their business or the operation of the Remax franchise. This includes claims resulting from the actions or omissions of the franchisee, their owners, employees, or sales associates, as well as the operation of the office.
The indemnification extends to various scenarios, including alleged failures to comply with applicable laws or the franchise agreement, claims that Remax Regional, Remax, LLC, or their related parties are joint employers, and allegations of negligence or failure to train or supervise by Remax Regional, Remax, LLC, or its related parties. This obligation remains even after the transfer, termination, or expiration of the agreement, or abandonment of the office. The franchisee must defend and hold Remax, Remax, LLC, and their related parties harmless from all such liabilities, including actual and consequential damages, attorneys' fees, and litigation expenses.
Furthermore, the franchisee waives all rights of subrogation against Remax Regional, Remax, LLC, and their related parties. Remax Regional and Remax, LLC retain the right to defend any claims and bill the franchisee for all associated costs and attorneys' fees arising from the acts or omissions of the franchisee, their owners, employees, or sales associates. This comprehensive indemnification clause places significant financial responsibility on the franchisee for any legal or financial issues arising from their operation of the Remax franchise.