factual

Under the Remax agreement, what recourse does the customer have if future changes to the agreement are unacceptable?

Remax Franchise · 2025 FDD

Answer from 2025 FDD Document

This Agreement may not be modified, amended or altered except by an instrument signed by all of the parties to this Agreement. Notwithstanding the preceding sentence, you understand and agree that we or REMAX, LLC may, from time to time, to preserve and enhance the reputation of the RE/MAX organization, issue new (or amend or modify existing) brand standards pertaining to the System, provided that the mandatory elements of the System pertain to the goodwill or protection of the RE/MAX Marks. In addition, you agree that you will execute any amendments or modifications to this Agreement as may from time to time be required as a result of changes in governing law.

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

What This Means (2025 FDD)

According to Remax's 2025 Franchise Disclosure Document, the franchise agreement can only be modified, amended, or altered through a written instrument signed by all parties involved. However, Remax, LLC, retains the right to issue new or modify existing brand standards to preserve and enhance the reputation of the Remax organization, as long as these mandatory elements pertain to the goodwill or protection of the Remax Marks. Additionally, franchisees are required to execute amendments or modifications to the agreement that may be necessary due to changes in governing law.

This means that while the core agreement requires mutual consent for changes, Remax has the power to unilaterally impose new brand standards related to its trademarks and goodwill. Franchisees must also comply with amendments required by legal changes. This creates a situation where a franchisee might find certain changes unacceptable but still be bound to implement them.

For a prospective Remax franchisee, this highlights the importance of understanding the scope of potential brand standard changes and the implications of being required to adopt amendments due to legal changes. While franchisees have a say in modifications to the core agreement, they must also be prepared to adapt to changes initiated by Remax to protect its brand or comply with the law. It would be prudent for a potential franchisee to seek clarification from Remax regarding the types of brand standards that might be implemented and the potential financial impact of such changes.

In the franchise industry, it is common for franchisors to retain some flexibility in modifying brand standards to maintain consistency and competitiveness. However, the extent of these unilateral changes can vary. A prospective franchisee should carefully evaluate the potential impact of these types of clauses on their business before entering into a franchise agreement.

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.