factual

Who owns the sales plans, programs, and manuals provided to the Remax contractor?

Remax Franchise · 2025 FDD

Answer from 2025 FDD Document

  • A. Proprietary Materials.Contractor acknowledges that the sales plans, programs, manuals, rosters, forms, contracts, agreements, brochures and other training, listing and sales materials provided hereunder by, and the information gained from, the files or business of Broker or Franchisor/Regional, irrespective of the origin or ultimate source (collectively, the "Proprietary Materials"), are and shall remain the exclusive property of their source, be it Broker, Franchisor or Regional. Upon termination or expiration of this Agreement, without Renewal, Contractor shall promptly return to Broker the original and all copies of the Proprietary Materials in Contractor's possession and shall not, after such termination or expiration use, copy, or reproduce any aspect of the Proprietary Materials for any reason, or permit, suffer or tolerate the use of the Proprietary Materials for Contractor's own advantage or the advantage of others.

Source: Item 22 — Contracts (FDD pages 108–334)

What This Means (2025 FDD)

According to Remax's 2025 Franchise Disclosure Document, the sales plans, programs, manuals, rosters, forms, contracts, agreements, brochures and other training, listing and sales materials provided to the contractor, are the exclusive property of their source, whether it be the Broker, Franchisor, or Regional entity. These materials are collectively referred to as "Proprietary Materials".

Upon termination or expiration of the Independent Contractor Agreement, the contractor is obligated to promptly return all original and copies of these Proprietary Materials to the Broker. The contractor is prohibited from using, copying, or reproducing any aspect of these materials for any reason after the agreement's termination or expiration. This restriction extends to preventing others from using the Proprietary Materials for their own or others' advantage.

This clause ensures that Remax maintains control over its proprietary information and business methods. It prevents independent contractors from using Remax's resources and knowledge to compete with Remax after their affiliation ends. This is a standard practice in franchising to protect the brand's intellectual property and maintain consistency across the network.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.