CONFIDENTIALITY/NON DISCLOSURE AGREEMENT
*Please complete the online forms or print out and complete and return them by email or fax to the listing broker if you do not currently have an agreement signed with one of our brokers. Both e-signatures and written signatures are accepted.
The undersigned acknowledges that the name of the Seller(s) (the “Seller”, the “Owner”) and certain confidential information, records, financial records, studies, and trade secrets and/or trade practices of Seller and the Business(es) (the “Business”) listed below, will be revealed to the “Buyer”. The Buyer also understands and acknowledges that Horizon Business Brokers, LLC (“Broker”, “Horizon Business Brokers, LLC”) has an agreement with the Seller and has been retained by the Seller(s) to sell the below listed Business and/or Property.
Disclosures pertaining to the listed Business will be given in COMPLETE CONFIDENCE and used for the sole purpose of assessing the possible purchase of any Business shown or listed through Horizon Business Brokers, LLC.
I agree not to disclose any of the information given to me about any Business listed or shown by Horizon Business Brokers, LLC, neither directly nor indirectly, to any third party, except support people (Attorney, Accountant, Financial Advisor, etc.) who can help me in assessing and evaluating the purchase of the below listed Business. I also agree I will not use, or assist others to use, any such information for competitive trade purposes, or to circumvent Horizon Business Brokers, LLC in any transaction or contact with the Owner of the Business.
Material and information about the Business is provided by the Owner and is believed to be accurate for the purpose of evaluating the possible purchase of the Business. Horizon Business Brokers, LLC does not guarantee the accuracy of any information disclosed or secured from the Seller and in no way will Horizon Business Brokers, LLC or its Brokers warrant any assumptions as true and correct. I further understand that it is the responsibility of the Buyer to verify material and information during a due diligence process prior to the closing of the sale of the Business. In the event I decide not to purchase the business, I understand it is the sole responsibility of the undersigned to return all documentation, financial or otherwise that was provided to me and used to assess the business to the broker within 72 hours of that decision.
I agree NOT TO CONTACT the Owner of the Business directly or indirectly through a third party and understand that all negotiations, inquiries, investigations, purchase offers and/or letters of intent MUST BE MADE THROUGH THE BROKER.
It is understood that this Agreement applies to any and all information supplied by Horizon Business Brokers, LLC both verbally and/or in writing. I further understand that neither the Seller, the Business, its officers, directors, nor Horizon Business Brokers, LLC shall have any liability as a result of furnishing me the material included in and with this Confidentiality Agreement.
I fully understand that any breach of this Confidentiality Agreement will be harmful to Broker, Horizon Business Brokers, LLC and the Seller of the Business and the Business itself.
I also agree that should I buy, lease, or come into possession or partial possession of the Business within 36 months from the Buyers signature dated below, I will protect Horizon Business Brokers, LLC right to fee under Horizon Business Brokers, LLC Listing Agreement with the Seller. I understand that if I interfere in any way with Horizon Business Brokers, LLC contractual right to fees from the Seller by circumventing Horizon Business Brokers, LLC to directly or indirectly purchase the business of which Horizon Business Brokers, LLC was the procuring cause, I will be personally liable for payment of that fee. It is agreed, however, that if I make the purchase of the Business through Horizon Business Brokers, LLC, I am not liable for a fee.
If I breach this agreement or a ratified contract for the purchase of a business for which Horizon Business Brokers, LLC was the procuring cause, then I hereby agree to pay Horizon Business Brokers, LLC the full commission amount due to Horizon Business Brokers, LLC under the Listing Agreement between Horizon Business Brokers, LLC and the Seller of the Business.
Horizon Business Brokers, LLC will hereby keep all information the buyer provides confidential and will not sell or distribute any buyer information to any third parties.