Under what circumstances can Remax seek injunctive relief against a franchisee?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, Remax can obtain temporary and permanent injunctions and orders of specific performance against a franchisee under several circumstances. These include enforcing provisions related to the franchisee's use of the RE/MAX Marks, as well as their non-disclosure and non-competition obligations as outlined in the agreement. This means Remax can legally compel a franchisee to stop using their trademarks improperly or sharing confidential information, even after the franchise agreement has ended.
Remax can also seek injunctive relief to prohibit any action or inaction by the franchisee, their agents, or employees that violates any applicable law, ordinance, or regulation, poses a danger to the public, or could damage the goodwill associated with the RE/MAX Marks, the Remax system, Remax itself, REMAX, LLC, or other RE/MAX Affiliates. This broad clause allows Remax to take legal action to prevent franchisees from engaging in activities that could harm the brand's reputation or the overall system.
Furthermore, Remax is entitled to seek injunctive relief to prevent any other irreparable harm to its interests. Importantly, Remax is not required to post a bond or other security or present evidence of irreparable harm to obtain such injunctions. This simplifies the process for Remax to quickly obtain court orders to protect its interests. These rights exist even if the Agreement has been terminated, has expired, or the franchisee has abandoned the office.