In resolving disputes with Remax, what methods besides informal dialogue are used?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
, suits, demands, proceedings, liabilities, losses, damages, costs and expenses whatsoever, including but not limited to reasonable attorney fees and disbursements, court costs or arbitration costs, due to, arising out of, or relating to Your violation of this User Agreement or Your use of MAX/Center, including, but not limited to, Your contributions of content or information to MAX/Center or any use of the MAX/Center content other than as expressly authorized in this User Agreement.
Governing Law
All matters relating to MAX/Center and this User Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado, excluding any principles or rules of law that may direct the application of the law of another state.
Arbitration and Waiver of Class Arbitration
Any dispute, controversy or claim arising out of, relating to or in connection with this User Agreement, including the breach, termination or validity thereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one (1), and the place of arbitration shall be Denver, Colorado, United States. The arbitration shall be held, and the award shall be rendered, in English.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, disputes arising from the MAX/Center User Agreement or its related terms of use may be resolved through arbitration. Specifically, any dispute, controversy, or claim, including those related to breach, termination, or validity, will be settled through arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
The arbitration will involve a single arbitrator and will take place in Denver, Colorado, using English as the language for proceedings and awards. The arbitrator has the authority to rule on jurisdictional challenges or the enforceability of any part of the arbitration agreement. This process includes a waiver of class arbitration, meaning franchisees cannot participate in a class action against Remax regarding these disputes.
Furthermore, franchisees may be required to indemnify Remax against claims, suits, demands, proceedings, liabilities, losses, damages, costs, and expenses, including attorney fees, court costs, or arbitration costs, arising from the franchisee's violation of the User Agreement or their use of MAX/Center. This indemnification obligation remains in effect even after the termination or expiration of the franchise agreement.