In Oliveira-Brooks v. Re/Max International, Inc., 372 Ill. App. 3d 127, 865 N.E.2d 252, 309 Ill. Dec. 889 (2007), the various agreements between the plaintiff-franchisee and defendant-franchisor were intended to exclude any possibility of an agency relationship between the two. However, as the reviewing court noted, "the declaration of the parties is not controlling where the conduct of the parties demonstrates the existence of an agency relationship." Oliveira-Brooks, 372 Ill. App. 3d at 134. The court upheld summary judgment for the defendant as there was no evidence the defendant controlled its franchisees so as to be liable for their conduct. While the defendant promulgated polices and procedures intended for franchisees: "There was no evidence that it retained the right to control the specific means and manner by which Re/Max Midtown sales associates conduct their day-to-day real estate activities so as to negate Re/Max International's intent to exclude the possibility of an agency relationship." Oliveira-Brooks, 372 Ill. App. 3d at 135.