National Franchise Sales
1601 Dove St. Suite 150
Newport Beach, CA 92660
Phone (949) 428-0480 Fax (949) 428-0490
I promise not to discuss or disclose to any third party that the businesses listed by National Franchise Sales (“NFS” or “Broker”), may be for sale. I further agree not to disclose any facts learned about the business, to any third parties, including employees, customers, vendors, the owner of said business, the franchisor, landlords, other franchisees, or other prospective buyers, until authorized to do so.
I agree that the only individuals that I may disclose information to, are my officers, directors, employees, capital sources, affiliates, partners, accountant and attorney. I agree that I may do so only after notifying them of the confidential nature of the information being shared, and my legal requirements regarding this information. I take full responsibility for any breach of this agreement by me or by the individuals that I have disclosed this information to. (Note; having others agree to the terms of this agreement relieves you of your responsibility of their actions).
The information and/or records about this business obtained by me shall not be used for competitive use in any business, present or future. I understand that information disclosed to others could cause a loss of business, and/or create injury in employer-employee relationships. Should any legal action be taken against me as a result of breach of this agreement, the prevailing party shall be entitled to court costs and attorney fees as awarded by the courts.
NFS has furnished information about said business for sale or lease, as provided to NFS by the owner(s) of said businesses. The aforementioned and following information has not been verified by NFS or its agents, and they are not responsible for accuracy or omissions of information contained therein. It is my responsibility as prospective Buyer of said business to confirm all facts and figures with the owner(s) of said businesses.
It is agreed that NFS has introduced me to the places of business listed on their website, and is the first to disclose the information. I agree (unless I notify National Franchise Sales otherwise) that National Franchise Sales may update me either by phone, text, or email of new listings that may match my interest.
I agree that should I or any person acting directly or indirectly for Buyer on Buyer’s behalf, purchase, possess, lease, rent, obtain an option for, or gain any interest in, become a manager of, or become connected in any way with businesses described herein or otherwise introduced to me by Broker within one (1) year from date hereof, that I will protect and guarantee NFS rights to a commission. I hereby agree to pay Broker ten (10) percent of the total sales of the property if I interfere in any way with the Broker’s right to a commission from seller, and I would be personally liable for the payment of that commission. It is agreed that if I make the purchase through your office, I am not liable for a commission.
It is further agreed that I request that Broker please share any other businesses for sale that Broker may think will interest me. I agree that Broker’s Log Book will be sufficient addendum to this agreement, as a record of notifying me about other businesses. I am acting as principal, not as broker or agent. Broker agrees to use its best efforts to locate a business suitable for buyer’s needs, and will, from time to time, supply information to buyer on businesses which may or may not be the subject matter of a formal sales authorization. The Broker and registrant each understand that this is a legally binding document and has fully read and understands it, and agrees to all the terms and conditions, and does acknowledge receipt of a copy of this contract.
Do not talk to Owners or Employees
On June 30, 2000, Congress enacted the Electronic Signatures in Global and National Commerce Act (1) ("ESIGN" or "the Act"), to facilitate the use of electronic records and signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically.
Section 101(a) of E-Sign provides that a signature or contract may not be denied legal effect "solely because it is in electronic form." In turn, an electronic signature is defined as any "electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or accepted by a person with the intent to sign the record."
By selecting the ‘I Accept’ option in the NDA section of the National Franchise Sales website registration page, the registrant agrees in accordance to the ESIGN Act, to the terms of this Non Disclosure Agreement.