What representation and warranty does a Remax Contractor make if they do not own the copyright in the Materials they supply?

According to Remax's 2025 Franchise Disclosure Document, if a Remax contractor or their owners supply images, videos, or other content ('Materials') to Remax, LLC, or its technology vendor, and they do not own the copyright to those materials, they must represent and warrant that they have permission to use the materials and authorize Remax to use them as well. This representation is crucial because Remax needs to ensure it has the legal right to use the content for marketing, educational, or operational purposes.

This requirement protects Remax from potential copyright infringement claims. The contractor also agrees to release and not sue Remax, its related parties, or the vendor regarding the use of the materials or likeness as permitted by the agreement. Furthermore, the contractor agrees to indemnify and hold Remax and the vendor harmless from any third-party claims that the use of the materials or likeness infringes upon the third party's rights, including copyrights and rights of publicity.

In practical terms, this means a Remax contractor cannot simply submit any content they find online or receive from another source without proper authorization. They must obtain permission from the copyright holder to use the material and allow Remax to sublicense it. Failure to do so could result in legal action against both the contractor and Remax. This requirement extends to the use of an owner's likeness, image, performance, voice, or name in the materials.

The license and other provisions related to the use of materials and likeness survive the termination or expiration of the agreement or abandonment of the office, meaning that even after the franchise relationship ends, Remax retains the right to use the materials as permitted by the agreement. This highlights the importance of ensuring all necessary permissions are obtained upfront.