Regarding User Content when using MAX/Center, what does Remax require franchisees to represent and warrant about their User Content?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
The following terms control when You post, upload, transmit, submit or otherwise make available messages, text, photographs, data, graphics, images, videos or any other materials, when using MAX/Center ("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 MAX/Center is undertaken at Your own risk. For all of Your User Content, You represent and warrant that: (a) You own all rights in and to the User Content or, if the User Content is subject to third-party rights, You have all necessary licenses, rights, permissions and consents to use the User Content (including but not limited to permission from all person(s) appearing in the User Content), and to grant the rights contained herein; (b) the use of the User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law; and (c) the User Content does not contain anything that is illegal, defamatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful or offensive. We reserve the right, at Our sole discretion, to remove or choose not to allow any displayed User Content if it does not meet the requirements set forth in these terms or if We otherwise determine, in Our sole discretion, that the User Content is not appropriate.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, when franchisees post content using MAX/Center, they must represent and warrant certain conditions regarding that content. Specifically, franchisees must confirm they possess all necessary rights to the content, including licenses and permissions, especially if third-party rights are involved. This includes obtaining permission from individuals appearing in the content.
Additionally, Remax requires franchisees to warrant that the use of their content will not infringe upon the rights of any third party or violate any laws, including those related to copyright, trademark, privacy, and publicity. Franchisees must also ensure their content does not contain illegal, defamatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or offensive material.
Remax retains the right to remove any user content that does not meet these requirements or that Remax deems inappropriate at its sole discretion. This places the onus on the franchisee to ensure their content is fully compliant and legally sound, highlighting the importance of due diligence in content creation and sharing within the Remax network.