Which sections of the Remax agreement survive termination of the agreement?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
- 10.3 Effect of Expiration or Termination. Upon expiration or earlier termination of this Agreement, the license granted hereunder will also terminate, and, without limiting Customer's obligations under Section 4, Customer shall cease using the Software, delete or destroy all Documentation and certify in writing to the Licensor that the Documentation has been deleted or destroyed. No expiration or termination will affect Licensor's entitlement to all Fees that may have become due before such expiration or termination, or entitle Customer to any refund. This Section 10.3 and Sections 1, 2.5, 4, 5, 7.3, 8, 9, and 11 survive any termination or expiration of this Agreement. No other provisions of this Agreement survive the expiration or earlier termination of this Agreement.
In order to facilitate an orderly and efficient transition and to preserve the goodwill associated with the RE/MAX brand and RE/MAX Marks in the event of termination or expiration of this Agreement, or Abandonment of the Office, you agree that we shall have the right to contact and communicate personally with any or all of your Sales Associates to solicit and/or to discuss with them their options for continued affiliation with other RE/MAX offices and/or opportunities to purchase a RE/MAX franchise:
You agree that we may, without being required to post a bond or other security and without needing to present evidence of irreparable harm, and even if this Agreement has been terminated or has expired or you have Abandoned the Office, obtain temporary and permanent injunctions and orders of specific performance (1) to enforce the provisions of this Agreement relating to your use of the RE/MAX Marks and your non-disclosure and non-competition obligations under this Agreement; (2) to prohibit any act or omission by you or your agents or employees that constitutes a violation of any applicable law, ordinance or regulation, constitutes a danger to the public, or may impair the goodwill associated with the RE/MAX Marks, the System, us, REMAX, LLC or other RE/MAX Affiliates; or (3) to prevent any other irreparable harm to our interests.
If we engage legal counsel in connection with any failure by you or your Owners to comply with this Agreement, you shall reimburse us and/or REMAX, LLC, upon demand, for the costs and expenses incurred by us and/or REMAX, LLC as a result of such failure, including, without limitation, reasonable accountants' , attorneys' , attorneys' assistants' , expert fees, cost of investigation and proof of facts, court costs, other litigation expenses and travel and living expenses, and costs of collection including, without limitation, court costs and 33.33% collection fees, whether incurred prior to, in preparation for, in contemplation of or in connection with the filing of any judicial proceeding to enforce this Agreement (including without limitation all costs and expenses incurred by us with respect to any counterclaims brought by us in any legal proceedings initiated by you or your Owners). This provision does not limit in any way our or REMAX, LLC's right to seek any other costs and expenses which may be governed by applicable court rules and claimable in the context of a legal proceeding. You and your Owners shall be responsible for your own such costs and expenses. This provision shall survive termination or expiration of this Agreement, or Abandonment of the Office.
Notwithstanding anything contained herein, in addition to any other remedies provided for herein or under applicable law, you agree that after passage of a 10 day period following the termination or expiration of this Agreement or Abandonment of the Office the sum of $500 shall be paid to us for each day you fail to perform your obligations under any of the following Subsections 14.B.(1), (2), (3), (4), (5), (6), and 14.C., which monetary amount shall be regarded as liquidated damages and not as a penalty. This section does not limit or affect in any way you or your Owners' liability for trademark infringement, trademark counterfeiting, unfair competition or breach of contract, nor affect or limit the right of REMAX Regional or REMAX, LLC to seek or obtain injunctive relief, specific performance or other extraordinary relief.
For 3 years following the termination or expiration of this Agreement, or Abandonment of the Office you agree to keep us advised of the current business and residential address(es), email address(es), and telephone numbers of you and your Owners, as well as the business address and telephone number of all such persons' employers, if any.
You agree that immediately after the termination or expiration of the Franchise, or the Abandonment of the Office, you will purchase an extended reporting period endorsement covering a period of 3 years from the date of termination of this Agreement or the Abandonment of the Office (as set forth in more detail in Subsection 8.D.).
You agree that: upon (i) termination of this Agreement for cause, including for Abandonment of the Office; or (ii) the expiration of this Agreement and the Franchise without proper renewal after you have provided a notice of intent to renew as required by the Agreement; or (iii) the non-renewal of this Agreement after failure to provide proper notice of intent to renew as prescribed in this Agreement, neither you nor your Owners, officers or guarantors, nor any of their spouses or domestic partners will, for a period of 1 year from the effective date of Abandonment, termination, expiration, or non-renewal:
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to the 2025 Remax Franchise Disclosure Document, several sections of the agreement survive termination or expiration. Specifically, Section 10.3 and Sections 1, 2.5, 4, 5, 7.3, 8, 9, and 11 of the agreement remain in effect even after the agreement ends. These sections likely cover important aspects such as definitions, brand usage, and other ongoing obligations.
Additionally, Remax retains the right to contact and communicate with the franchisee's sales associates to discuss their options for continued affiliation with Remax. This is to ensure an orderly transition and preserve the goodwill associated with the Remax brand. The franchisee must also keep Remax advised of their current business and residential addresses, email addresses, and telephone numbers, as well as the business address and telephone number of all such persons' employers, if any, for three years following termination or expiration.
Moreover, the franchisee may face specific performance or injunctive relief, even after termination, to enforce provisions related to the use of Remax marks, non-disclosure, and non-competition obligations. The franchisee is also responsible for reimbursing Remax and/or REMAX, LLC for costs and expenses, including legal fees, resulting from any failure to comply with the agreement. This obligation survives termination or expiration of the agreement. After termination or expiration of the Franchise, or the Abandonment of the Office, the franchisee will purchase an extended reporting period endorsement covering a period of 3 years from the date of termination of this Agreement or the Abandonment of the Office.
After a 10 day period following the termination or expiration of this Agreement or Abandonment of the Office the sum of $500 shall be paid to Remax for each day the franchisee fails to perform their obligations under any of the following Subsections 14.B.(1), (2), (3), (4), (5), (6), and 14.C., which monetary amount shall be regarded as liquidated damages and not as a penalty. Also, for a period of 1 year from the effective date of Abandonment, termination, expiration, or non-renewal, there is a post termination non-competition agreement.