factual

Are the rights of the Holder under the Remax promissory note cumulative with other agreements?

Remax Franchise · 2025 FDD

Answer from 2025 FDD Document

All rights of the Holder under the terms of this Note shall be cumulative of, and in addition to, the rights of the Holder under any and all other agreements between the Borrower and the Holder, and not in substitution or diminution of any rights now or hereafter held by the Holder under the terms of any other agreement.

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

What This Means (2025 FDD)

According to Remax's 2025 Franchise Disclosure Document, the rights of the Holder (RE/MAX Integrated Regions, LLC) under the terms of the promissory note are cumulative and in addition to any other agreements between the Borrower and the Holder. This means that Remax's rights under the promissory note are not in place of, or a reduction of, any other rights they hold under any other agreements with the franchisee. This provision ensures that Remax retains all rights and remedies available to them across all agreements.

For a prospective Remax franchisee, this clause implies that signing the promissory note does not limit or replace any obligations or rights established in other agreements, such as the franchise agreement itself. Remax can exercise its rights under the promissory note independently of, and in addition to, its rights under other agreements. This could be significant if a franchisee defaults on the promissory note while also violating other terms of the franchise agreement.

This cumulative rights clause is a standard legal protection for franchisors. It prevents franchisees from arguing that the promissory note somehow supersedes or diminishes the franchisor's rights under other contracts. Franchisees should carefully review all agreements to understand the full scope of their obligations and the franchisor's rights. Franchisees should seek legal counsel to fully understand the implications of this clause and how it interacts with other agreements they may have with Remax.

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.