Under the indemnification clause, what parties related to Remax are you required to indemnify and hold harmless?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to indemnify, defend and hold us and REMAX, LLC, and each of our and their Related Parties and our and their respective officers, directors, employees and shareholders harmless from and against, and to reimburse us and them for, all such fines, taxes, costs, expenses, damages, loss or liability for which we or they are held liable or which we or they incur in connection with any Claims, including, without limitation, actual and consequential damages, attorneys', accountants', and expert witness fees, cost of investigation and proof of facts, court costs, other litigation expenses and travel and living expenses. You agree to waive all rights of subrogation against REMAX Regional, REMAX, LLC, each of our and their Related Parties, and our and their respective officers, directors, employees and shareholders. REMAX Regional and REMAX, LLC have the right to defend any Claims and, in connection therewith, to retain legal counsel of our or their choice and bill you for all costs and attorneys' fees incurred for any Claim originating from the acts/omissions of you, your Owners, employees, or Sales Associates, which costs and fees you
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to the 2025 Remax Franchise Disclosure Document, franchisees are required to indemnify and hold harmless several parties related to Remax. Specifically, franchisees must protect RE/MAX, LLC, along with its Related Parties, and their respective officers, directors, employees, and shareholders. This means the franchisee is responsible for defending these individuals and entities against any claims, lawsuits, or liabilities arising from the franchisee's business operations.
The indemnification extends to covering fines, taxes, costs, expenses, damages, losses, or liabilities resulting from any suits, actions, proceedings, claims, or counterclaims related to the franchisee's business or the operation of the franchise. This includes issues stemming from the actions or omissions of the franchisee, their owners, employees, or sales associates, as well as the operation of the office itself. It also encompasses claims related to non-compliance with laws or the franchise agreement, allegations of joint employer status, and claims of negligence or failure to train/supervise on the part of Remax.
This obligation to indemnify requires the franchisee to cover all associated costs, including actual and consequential damages, attorneys', accountants', and expert witness fees, investigation costs, court costs, and other litigation expenses. Furthermore, the franchisee waives all rights of subrogation against REMAX Regional, REMAX, LLC, their Related Parties, and their respective officers, directors, employees, and shareholders. Remax retains the right to defend any claims and bill the franchisee for all associated costs and attorneys' fees arising from the franchisee's actions or omissions. This comprehensive indemnification clause places a significant financial responsibility on the franchisee to protect Remax and its related parties from potential liabilities.