FLORIDA
BUSINESS OPPORTUNITIES STANDARD "CONFIDENTIALITY/DISCLOSURE" AGREEMENT
X__________________________________________________________________________________________
herein known as PROSPECT, acknowledges and agrees that PROSPECT approached
Florida Business Opportunities,
Inc., TRANSACTION BROKER
(BROKER), and that BROKER
was the first to advise them of the availability and details concerning the
following businesses and/or real properties -
LISTING NUMBER BUSINESS DESCRIPTION DOWN PAYMENT PURCHASE PRICE
1)
2)
3)
4)
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 Seller's 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;
and PROSPECT'S sole purpose in seeking this information is to purchase a
business. In the event PROSPECT violates confidentiality or any covenant herein
with respect to a Seller, then BROKER, the listing broker and the Seller 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 representation is 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 documentation relevant to the transaction and a Closing.
3. In the event PROSPECT discloses 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 (2) 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 payable on
the selling price or minimum commission, whichever is greater and, if
appropriate, 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 Statute 475.42(1)(j).
5. This Contract shall be governed by the laws of the state of Florida. Any breach of this Agreement shall result in the prevailing party being entitled to receive from the other party all of its reasonable attorneys fees, costs, and expenses incurred at both the trial and appellate levels. The parties hereby consent to personal jurisdiction and venue, for any action arising out of a breach or threatened breach of this Agreement in the Circuit Court in and for Sarasota County, Florida. The parties hereby agree that any controversy which may arise under this Agreement would involve complicated and difficult factual and legal issues. Therefore, any action brought by either party, alone or in combination with others, whether arising out of this Agreement or otherwise, shall be determined by a Judge sitting without a jury.
6. The Seller is the intended beneficiary of all covenants of Prospect which
benefit the Seller, including without limitation the covenants concerning the
use of information disclosed to Prospect, and a Seller may bring an action to
enforce such covenants. Prospect acknowledges receiving a copy of this Agreement
and a facsimile copy with signatures shall be considered as original.
7. Prospect guarantees their financial ability to be able to purchase the above
priced businesses as well as to make the required down payment, costs and
closing deposits associated with a sale.
X________________________________________________________________________________________________________________________
PROSPECT Signature (1)
Driver
License #
X________________________________________________________________________________________________________________________
Printed Name
Phone Number
Date
X__________________________________________X___________________X____________X_________X_________________________________
Street Address
City
State
Zip Email Address
_________________________________________________________________________________________________________________________
PROSPECT Signature(2)
Driver License #
_________________________________________________________________________________________________________________________
Printed Name
Phone Number
Date
_________________________________________________________________________________________________________________________
Agent for Selling Broker
Date
Upon signing this Agreement, a 1 page "Business Profile" on each
businesses disclosed may be provided
Florida Business Opportunities, Inc. 3800 S. Tamiami Trail
Suite #325 Sarasota, FL 34239 USA (941) 366-1500 office (941) 366-5158
fax