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