Under what legal theory is Remax not liable for damages related to the platform?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RE/MAX, ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS, SERVICE PROVIDERS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES TO THE PLATFORM BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to the 2025 Remax Franchise Disclosure Document, Remax limits its liability to the fullest extent provided by law regarding the use or inability to use their platform. Under any legal theory, Remax, its shareholders, directors, affiliates, officers, agents, employees, licensors, service providers, and all third parties that provide content, information, or services to the platform will not be liable for damages of any kind. This includes direct, indirect, special, incidental, consequential, or punitive damages.
This limitation extends to various types of damages, including personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, and loss of data. The disclaimer applies whether the damages are caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
This means that as a Remax franchisee, your recourse against Remax for issues arising from the platform's operation or content is significantly limited. However, the FDD stipulates that the limitation on liability does not affect any liability that cannot be excluded or limited under applicable law. Franchisees should consult with a legal professional to understand the full scope and implications of this liability limitation and how it applies within their specific jurisdiction.