Confidentiality Agreement
Regarding the Potential Purchase of a Trademarked Business ("the Opportunity")
Opportunity Reference
Business Sale - A rare opportunity to purchase a well-established trademarked business (Asking Price: $390,000 + GST).
Between:
The Recipient: The individual and/or entity interested in the Opportunity (referred to as "you" or "your").
The Disclosing Party: The owner of the business ("the Seller"), represented by their authorised business broker ("us" or "we").
This agreement is effective from the date it is signed. By signing this, you agree to the following legally binding terms in order to receive confidential information about the Opportunity.
1. Purpose of this Agreement
We will provide you with sensitive information about the Seller's business. This information is provided for the sole purpose of allowing you to evaluate the potential purchase of the business through us, and for no other reason.
2. Confidential Information
"Confidential Information" includes, but is not limited to:
The identity, name, and location of the business.
Financial records, profit margins, and pricing structures.
Business operations, supplier details, and customer lists.
Any other information that is not publicly available.
3. Your Core Obligations
A. Keep it Secret: You must treat all Confidential Information with the strictest confidence. You may only share it with your professional legal or financial advisors who need to know it for their evaluation, and only after they agree to be bound by these same confidentiality terms.
B. Communicate Only Through Us: To protect the Seller's business from disruption, you agree to direct all questions, communications, and meeting requests exclusively through us. You agree not to contact the Seller, their employees, customers, or suppliers directly without our prior written consent.
C. Do Not Circumvent: You acknowledge that we are introducing you to this Opportunity. If you, or any related person or entity, enter into any transaction (e.g., sale, lease, partnership) concerning this business within two (2) years from the date of this agreement, you agree that the transaction will be conducted through us. If you breach this clause and complete a transaction without our involvement, you agree to be personally liable for the full commission that would have been payable to us.
D. Return Information: If you decide not to proceed with the purchase, you must promptly return all Confidential Information to us and destroy any copies, including all digital files and emails.
4. Breach of Agreement
You understand that any breach of this agreement could cause significant financial harm to the Seller and us. You agree that if you breach these terms, you will be liable for any damages, losses, and legal costs incurred in enforcing this agreement.
5. Legal Advice
You acknowledge that you have been given the opportunity to seek independent legal advice before signing this document.
6. Acknowledgement & Signature
By signing below, you confirm that you have read, understood, and agree to be bound by the terms of this Confidentiality Agreement, both in your personal capacity and on behalf of any company or entity you represent.
