Does the Remax limitation on liability affect liability that cannot be excluded under applicable law?

According to Remax's 2025 Franchise Disclosure Document, the limitation on liability does not affect any liability that cannot be excluded or limited under applicable law. This statement appears in the context of contracts related to the use of Remax's site, platform, and MAX/Center. This means that while Remax aims to limit its liability to the fullest extent permitted by law, these limitations will not override any legal provisions that prevent such exclusions or limitations.

For a prospective Remax franchisee, this is a standard legal protection. It ensures that Remax cannot use the franchise agreement to circumvent laws that protect franchisees or other parties from certain liabilities. This clause clarifies that the limitations on liability are subject to the boundaries set by applicable law, providing a safeguard against overreaching liability waivers.

This provision is common in franchise agreements to balance the franchisor's need to manage risk with the legal rights of franchisees and other stakeholders. Franchisees should be aware of this clause, understanding that while Remax seeks to limit its liability, it cannot do so in a way that violates existing laws. Franchisees should consult with a legal professional to fully understand the implications of liability limitations and their rights under applicable law.