Is a Remax franchisee prohibited from posting content that may be considered defamatory, obscene, harassing, offensive, fraudulent, objectionable, false, or misleading?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
The following terms control when You post, upload, transmit, submit or otherwise make available messages, comments, text, photographs, data, graphics, images, videos, audio, or any other materials, when using the Platform ("User Content"). You are entirely responsible for Your User Content and any posting, uploading, transmission, submission or other ways of making available User Content using the Platform is undertaken at Your own risk. For all of Your User Content, you agree, represent, and warrant that:
- (c) the User Content does not contain anything that is inaccurate, illegal, defamatory, libelous, pornographic, racist, obscene, abusive, threatening, harassing, harmful, hateful or offensive;
You further agree not to, and to use your best efforts to cause your affiliates or anyone else acting on your behalf not to, disparage, defame, libel or make untrue, malicious, or offensive statements about REMAX Regional, REMAX, LLC, the RE/MAX brand, or the RE/MAX organization, any of our Related Parties or any current or former RE/MAX franchisees, or any of our or their respective officers, directors, employees or shareholders, or make any disparaging comments concerning our business relationships or the matters referred to in this Agreement, which would subject the RE/MAX brand to ridicule, scandal, reproach, scorn, or indignity or which would negatively impact our goodwill, or that of our Related Parties, the RE/MAX brand or the RE/MAX Marks. This provision is not meant to prevent you from communicating or sharing information with any governmental authority as may be required by law.
You represent and warrant that all information included in the Listing Content is accurate and not misleading, to the best of your and your Sales Associates' knowledge, after reasonable efforts to verify its accuracy.
You agree to indemnify and hold us, REMAX, LLC and REMAX, LLC's vendors, service providers, and sublicensees harmless against all damages, costs, and liabilities, including reasonable attorney fees, arising from any claim that the Listing Content or any portion of the Listing Content is false or misleading or infringes the rights of any third party.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to the 2025 Remax Franchise Disclosure Document, Remax franchisees are prohibited from posting certain types of content. Specifically, when using the Remax platform, franchisees must ensure that their user content does not contain anything inaccurate, illegal, defamatory, libelous, pornographic, racist, obscene, abusive, threatening, harassing, harmful, hateful, or offensive.
This requirement means that Remax franchisees must carefully monitor the content they post to ensure it adheres to these guidelines. Failure to comply could result in a breach of the franchise agreement. This extends to all forms of user content, including messages, comments, text, photographs, data, graphics, images, videos, and audio.
Additionally, Remax franchisees must ensure that all information included in their listing content is accurate and not misleading, based on their and their sales associates' knowledge and reasonable verification efforts. They also agree to indemnify Remax against any damages arising from claims that their listing content is false, misleading, or infringes on third-party rights. These stipulations highlight the importance of truthfulness and accuracy in all representations made by Remax franchisees.
Furthermore, Remax franchisees agree not to disparage, defame, libel, or make untrue, malicious, or offensive statements about Remax Regional, Remax, LLC, the Remax brand, the Remax organization, any related parties, or any current or former Remax franchisees. This prohibition extends to comments concerning business relationships that could negatively impact Remax's goodwill or brand. However, this does not prevent franchisees from sharing information with governmental authorities as required by law.