5330
Spring Hill Drive, Suite C -Spring Hill, Florida 34606
(352)
592-2225 FAX (352) 592-2226
Standard
"Confidentiality/Disclosure" Agreement
________________________________________herein known as Prospect acknowledges and agrees that Prospect approached FLORIDA'S BUSINESS CONNECTION, Inc (Broker), and that Broker was the first
to advise them of the availability and details concerning the following business
and/or real property:
Listing Number
Business Description Listing Number
Business Description
1) _________________
_________________
2) ________________
______________________
1. PROSPECT understands
and agrees that all dealings concerning the opportunities above will be handled
through BROKER and that BROKER has entered into agreements with
Sellers for the payment of commissions. PROSPECT
further understands that information received about the above-mentioned
opportunities will be kept in strict confidence, will not be used to compete with a Seller nor
disclosed to any person, excluding parties involved in the transaction itself. If PROSPECT violates confidentiality or any covenant herein with
respect to a Seller, than BROKER ,
the listing broker and sell shall be entitled to all remedies provided by law,
including injunctive relief and damages. The
same remedies are available to BROKER
in the event PROSPECT and/or a Seller attempts to circumvent them. BROKER shall be deemed to include any
broker with whom BROKER is
cooperating.
2. All data on business opportunities is provided for
information purposes only and no representations I made by BROKER as to its accuracy. BROKER
encourages PROSPECT to review and
independently verify that the data provided by a seller is substantially
representative of their business activity, and it can be relied upon when
considering a purchase of the business. PROSPECT further acknowledges they have
been advised to seek the counsel of an accountant and/or attorney to verify the
information supplied to BROKER by the
Seller, and to examine any and all applicable documentation relevant to the
transaction and Closing.
3. In the event PROSPECT
disclosed the availability of said designated opportunities to a third party who
purchases a business without BROKER
assistance, then PROSPECT, in
addition to the remedies specified herein, is also responsible for payment of BROKER'S compensation which would have
been paid on the listed selling price or minimum compensation, whichever is
greater.
4. For two years from this date, PROSPECT agrees not to deal directly or
indirectly with the seller's above without BROKER'S written consent; and should PROSPECT do so and a sale, management
contract or other financial arrangement, including a leasing of the business
premises from the Seller or its Landlord is consummated, PROSPECT shall be liable for any and all
damages BROKER may suffer, including
but not limited to the Seller's compensation negotiated with the Landlord. PROSPECT understands that BROKER shall have the right to place a
lien on the business assets to collect its compensation, and this Agreement
shall be the needed consent to do so as required by Florida Stature 475.42(1)(j)
5. This contract shall be governed by the laws of the state
of Florida. If any dispute arises out of this Agreement, the breach or the
interpretation thereof, the parties may seek a resolution via sharing the cost
of non-binding mediation, per the Florida Mediation Act Chapter 44. If, however,
a resolution by binding arbitration, per the rules of the American Arbitration
Association, or by litigation is unavoidable, the Arbitrator/Court is instructed
to award the expenses of the arbitration/trial, including reasonable attorney's
fees and costs to the prevailing party. A judgment and awards shall be entered
by a court of competent jurisdiction. The parties further agree that
jurisdiction and venue for any conflict, and the entry of judgments shall be in
Hernando County FL. BROKER shall be
entitled to all information relating to conflicts from the Mediator, Arbitrator
or Court, and the Parties.
6. PROSPECT swears
that they are the party signing below and the information provided is true and
correct. Further, PROSPECT does not
represent any third party, governmental agency or competitor, nor is PROSPECT employed by a competitor, and
the sole purpose for seeking this information is to purchase a business. If PROSPECT does represent a third party,
governmental agency or competitor, as described above, the name of that party
is: _______________________________________________
How did
you learn about our Company? (Check all that apply):
¨Yellow Pages ¨ Ad
________________¨Website: ________________________ ¨ Referral _______________ ¨Other: ________________________
TYPE OF
BUSINESS PREFERRED:
LOCATION PREFERENCE:
1.________________________________
1.________________________________
2.________________________________
2.________________________________
3.________________________________
3.________________________________
Ø
Purchase Price
Range $__________________
Ø
Minimum “Owner
Benefit” or Earnings Before Interest, Taxes, Depreciation & Amortization
(EBITA) you require:$______________
Ø
Start-Up/Franchisee:
¨ Yes ¨ No
Ø
Max Cash
Down-payment available: $_____________ When will it be available?
_______________
Ø
When do you want
to take possession? ________________________________
Ø
Who, besides
yourself, is involved in decisions? _________________________
_______________________________________________
PROSPECT Signature
Date
_______________________________________________
_______________________________________________
Printed
Name
E-mail Address
________________________________________________
_______________________________________________
Address
Telephone Number
________________________________________________
_______________________________________________
City/State/Zip
Code
Fax Number
If this form is sent electronically,
prospect affirms that a typed signature is considered to be an original
signature when it can be documented that this form was received via electronic
means.
Upon completing this Agreement, a confidential memorandum
on each businesses disclosed may be provided.