If a Remax franchisee's account or agreement is terminated by Intuit, what is the franchisee's obligation regarding fees for Platform usage?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement is effective until your subscription expires or you cancel your account or Intuit terminates this Agreement (or your account). Intuit may terminate this Agreement (and your account) or suspend the Platform at any time in our discretion.
Effect of Termination
You must stop using the Platform once your subscription expires or you cancel your account (or if this Agreement or your account is terminated).
Upon expiration of your subscription or cancellation of your account, or Intuit's termination of your account or this Agreement, you must immediately stop using the Platform and pay all fees for
Platform used. No expiration or termination will affect your obligation to pay all fees due or that may have accrued through the effective date of expiration or termination or entitle you to any refund.
Survival
There are a few parts of this Agreement that will continue to apply after termination.
The following Sections will survive any termination, discontinuation or cancellation of the Platform or your account: "Your Personal Information," "Payment and Cancellations" (with respect to fees due and unpaid), "Content and Data," "Community Forums; Feedback," "Effect of Termination," "Disclaimers," "Limitation of Liability," "Indemnity Obligations," "Disputes," and "General Terms (Miscellaneous)".
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, if Intuit terminates the agreement or a franchisee's account, the franchisee must immediately stop using the platform and pay all fees for the platform used. No termination will affect the franchisee's obligation to pay all fees due or that may have accrued through the effective date of termination or entitle them to any refund. This means that even if the agreement is terminated early, the franchisee is still responsible for paying any outstanding fees for the platform services they have already used.
This obligation to pay outstanding fees survives the termination of the agreement. The sections of the agreement that survive termination include "Payment and Cancellations" (with respect to fees due and unpaid). This ensures that Remax can still collect any money owed to them even after the franchise relationship has ended.
For a prospective Remax franchisee, this highlights the importance of understanding the terms of the platform agreement and the potential financial obligations that extend beyond the termination of the franchise agreement. It would be prudent to carefully track platform usage and associated fees to avoid any unexpected charges upon termination.