Confidentiality & Disclaimer Agreement | Mark Petersen

Confidentiality Agreement & Disclaimer I/we confirm we have not altered/amended any conditions as set out in the original agreement, entitled BUSINESS INQUIRY REGISTRATION, CONFIDENTIALITY AGREEMENT & DISCLAIMER, as provided to me. I/we, being the people named in the Schedule set out below, acknowledge that we are prospective Buyers of the business described in the Schedule and in consideration of the Seller allowing us to inspect the Business Profile and/or other material relating to the business and you facilitating such inspection, we warrant, acknowledge and agree that:

1. Should this document be returned by email in typed format, with all information given, it will be deemed as being signed by the applicant.
2. The Business Profile and/or other material and documentation supplied by, or on behalf of, the Seller relating to the business may include:

[a]   Non-verified and unaudited trading results and or profit and loss reports; [b]   Related industry averages and/or approximate costs/expenses and projected trading estimations. I/We understand and acknowledge that:  Patricia Taylor  (herein known as ‘The Agent’) is not an  Investment or Financial Adviser; (b) the role of The Agent in this matter is to simply relay or impart information with respect to the business as provided to The Agent by, or on behalf of, the Seller; (c) The Agent does not investigate, make any professional or other judgement about the material supplied by, or on behalf of, the Seller, or assess the veracity or accuracy of the information provided to The Agent by the Seller or their advisers; (d) The Agent is irrevocably indemnified by the Seller in respect to the information, material and documentation provided to The Agent by, or on behalf of, the Seller.

1. (a) it is our responsibility to verify and confirm the accuracy of any representations, information, material and/or documentation provided to us by The Agent with respect to the business and/or on behalf of the Seller; (b) we will undertake our own investigations and make our own enquiries to verify the veracity and accuracy of any and all representations, information, material or documentation made or provided to us by The Agent with respect to the business; (c) we will obtain independent legal and accounting advice prior to entering into a contract to acquire the business; (d) we have not, and will not, rely solely upon the representations, information, material and/or documentation provided to us by The Agent with respect to the business; (e) we agree not to hold The Agent responsible for any loss or damage suffered by us in relation to any representations, information, material and/or documents provided to us by the Agent concerning the business.
2. The fact that this business is for sale is confidential. The business profile and material and all things connected and related to this material are confidential and we agree not to disclose them to any other person except our legal, accounting, financial advisers and bankers but then only on the basis that they have to provide to us their agreement to keep this information confidential unless before receipt of the material, the Seller’s prior written consent is first had and obtained for the disclosure of this material to that party.
3. As a result of perusing the business profile and material, and during the inspection of the business, we will become aware of information regarding the operation of the business and, in particular, the marketing of the business, which is personal to the Seller and which has real financial value to the Seller. We acknowledge that should such information become known to the Seller’s competitors or other parties interested in setting up a similar business in opposition to the Seller or used by ourselves in the operation of a similar business that these actions could cause financial loss and hardship to the Seller and the business and the Seller may have a right to seek compensation.
4. All inspections of the business are to be arranged or organised through the Agent only, and we agree not to attempt to inspect the business or the premises from which the business is conducted, contact staff, suppliers, customers or contact the Seller directly other than through and with the Agent.
5. I/We confirm we have been introduced to the below-mentioned business by The Agent and that the details provided herein are correct. If I/we do not proceed to purchase the said business for which material has been supplied, I/we agree to respect and safeguard the privacy of the Seller and will return the profile/s material immediately to The Agent. Electronically stored material shall be deleted and any related material destroyed, and I/we will inform the Agent by email confirming this action has been taken.
6. If I agree to be contacted and request information regarding further opportunities that arise, I also agree to be bound by this agreement with respect to such opportunities
7. Upon signing, I declare I have read and understood all the conditions of the Business Inquiry Registration/ Confidentiality Agreement & Disclaimer.