Read & Agree to Proceed
Welcome Your Biz Brokers Member-
IMPORTANT: Before you begin searching our database to obtain the Name, Address, Pictures/Videos and other confidential information to many of our businesses for sale, lease opportunities and properties please review the following Confidentiality, Non-Circumvention & Arbitration Agreement to refresh your memory of the conditions you agreed to when becoming a member.
A few of the terms and conditions you have agreed to:
1. You agreed to visit the business(es) and act as a customer (not as a buyer). You agreed NOT to speak to any employees, customers, owners, neighboring businesses or landlords about the business(es) being for sale.
If you are visiting FOR LEASE opportunities you agreed to contact ONLY a Your Biz Brokers representative to discuss the space(s), schedule a tour of the inside and/or obtain a lease application from one of our representatives. One of our staff members will assist you throughout the negotiations of a new lease. This valuable service is free to you, so make the most of it. Our staff members have many years of experience in negotiating new lease terms for our clients.
2. You may drive by or go into any (operational businesses) ONLY during normal operating hours. You may drive by any (non-operational) spaces for lease at any time. To schedule a tour of the inside of any space(s) for lease contact a staff member who will gladly schedule a tour for you.
REMEMBER: If you would like more information regarding any of our listings on yourbizbrokers.com, have an interest in a business and/or lease opportunity or would like to schedule a meeting and/or tour a business/lease opportunity a staff member is always available to help.
SELECT “I AGREE” AND CLICK SUBMIT BELOW TO BEGIN SEARCHING OUR DATABASE OF LISTINGS.
CONFIDENTIALITY, NON-CIRCUMVENTION & ARBITRATION AGREEMENT
(Note: If you are looking at business or lease opportunities with a spouse or any potential partners, investors, associates and/or management you agree to notify Your Biz Brokers of each party. Furthermore you agree to have each party complete this agreement as individuals)
Upon your execution of this Confidentiality Agreement Your Biz Brokers (“Broker”) will deliver to you (the “Potential Buyer”), confidential information on the businesses advertised on YourBizBrokers.com or introduced to Potential Buyer by Broker. This information is intended solely for the limited use by Potential Buyer in considering whether Potential Buyer will pursue an offer to acquire and/or lease the business(es) or lease opportunities. The Information will contain brief, selected information pertaining to the business and affairs of the business and does not purport to be all-inclusive or to contain all of the Information, which a prospective purchaser may desire or require. Broker nor any of their respective officers, employees or agents makes any representation as to the accuracy of the information and no liability of any kind whatsoever is assumed by Broker with respect thereto.
The parties agree that the delivery of the information is subject to the following terms, covenants and conditions:
a. I may drive by the business or go into business as a customer only during business hours. In the event Your Biz Brokers is co- operating with another agent, I agree to work exclusively through Your Biz Brokers to purchase or lease locations / properties introduced by Broker or advertised on YourBizBrokers.com.
b. I agree to be discreet and act as a customer; I agree not to talk to owner, employees, customers, landlord or suppliers about the business or location being for sale / for lease.
c. If I have further interest in purchasing the business and/or leasing the location, I agree to contact Broker to make all arrangements.
Potential Buyer agrees to treat confidentially the information, whether the information is furnished before or after the date of this agreement, together with analysis, compilations, studies or other documents or records prepared by Potential Buyer and its directors, officers, employees, advisers or representatives and financing sources (collectively “Representatives”), to the extent that such analysis, compilations, studies, documents or records contain or otherwise reflect or are generated from such information (collectively, the “Material”).
Potential Buyer agrees that its Representatives will not duplicate, photocopy or otherwise reproduce the information in whole or in part or otherwise use or permit it to be used in any fashion or manner detrimental to the business or the interest of Owner. That the Material shall be used solely for the purpose of evaluating the proposed acquisition of the business and that such Material shall be kept confidentially by Potential Buyer; provided, however, that any of the Material may be disclosed to such representative who need to know the information contained therein for the purposed described above, it being understood the Potential Buyer shall (a) inform each such representative of the confidential nature of such information and require such representative to treat such information confidentially; and (b) maintain a list of those persons to whom such information has been disclosed, which list shall be presented to Owner or Broker upon request. Potential Buyer agrees it will return all Information upon request by Broker.
Potential Buyer agrees to indemnify Owner from any loss or damage, which Owner may suffer as a result of their breach of the terms and conditions of this Agreement. In the event of a breach or threatened breach of this Agreement, Owner shall be entitled to all remedies at law and equity, including injunctive relief and if Owner prevails in an action against Potential Buyer shall be responsible for all reasonable attorney’s fees and costs incurred by Owner in the prosecution of such action. Broker is not an agent for Potential Buyer, but is exclusive agent for Seller or Landlord.
The Materials shall not be deemed to represent the state of affairs of the business or constitute that there has been no change in the business or affairs of the Business since the date of preparation of the Information. Broker does not warrant or represent that the Information is true or correct. You are advised to verify the Information independently. Owner reserves the right to make any change, to add, to delete, or modify the Information or to withdraw the business from consideration at any time, without notice. The
Information is not to be construed as an offer, an expression of intent, an obligation, or as part of any contract or commitment, to sell the Business.
Potential Buyer represents and warrants that it has not had any discussion or dealings regarding the business with any other broker, finder or agent other than Your Biz Brokers and hereby agrees that the obligation to pay any such brokerage commission, except for the compensation due to Your Biz Brokers, is an obligation of Potential Buyer and agrees that it shall not look to Owner for the payment of any such brokerage commission. Potential Buyer WILL NOT contact or speak to any sellers, employees, suppliers, customers, neighboring tenants and landlords or landlord’s representatives of any of the businesses on Broker’s website or which have been introduced to Potential Buyer by Broker without prior authorization from Broker.
For a period of three years beginning on the date of this Agreement, the Potential Buyer agrees not to circumvent this Agreement by attempting to surreptitiously or secretly purchase, lease, and/ or invest in the business or lease opportunity introduced to the Potential Buyer by Your Biz Brokers. That should they buy, lease, become a manager of, become connected in any way, or come into possession of any of the listed businesses or lease opportunities introduced by Broker or advertised on YourBizBrokers.com within three years beginning on the date of this Agreement, even if the listing period for that business has expired, that a commission will be due to Your Biz Brokers; and in the event of a breach of this agreement, that they will be liable for the payment of that commission and all reasonable costs including interest, collection costs and attorney fees. The commissions referred to above is 12 percent (12%) of the total listed price, unless otherwise stated on the Seller’s Listing Agreement.
Your Biz Brokers does not give tax, accounting, or legal advice. That prior to finalizing an agreement to purchase the business, property and/or lease a space, it is my responsibility to make an independent verification of all information. I agree that Your Biz Brokers is not responsible for the accuracy of the information I receive and I agree to indemnify and hold Your Biz Brokers, its Broker and Sales Agents harmless from any claims or damages resulting from its use.
Mediation: Should any controversy arise as a result of this agreement, Your Biz Brokers and Potential Buyer agree to mediate any dispute or claim arising between us out of this agreement or any resulting transaction, before resorting to arbitration. Mediation fees, if any, shall be divided equally among the parties involved, however the prevailing party shall be rewarded all legal fees and court costs above and beyond any reward granted to the prevailing party. If for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.
Any controversy between Your Biz Brokers and Potential Buyer involving the construction or application of any of terms, covenants or conditions of this Agreement not settled through mediation, shall be decided by neutral, binding arbitration as provided in the California Code of Civil procedure, beginning at section 1280, and shall include full rights of discovery. The arbitrator shall be a retired judge or justice, or an attorney with experience in the purchase and sale of businesses, unless the parties mutually agree to a different arbitrator. The arbitrator shall have no authority to change any provisions of this Agreement; the arbitrator’s sole authority shall be to interpret or apply the provisions of this Agreement.
Your Biz Brokers and Potential Buyer hereby agree to have the matter settled in the County in which this listing is located, State of California, without the necessity of a court order. All rights of discovery allowed by law may be utilized; and the prevailing party shall be entitled to actual attorney’s fees and costs. Any decisions shall be binding between Your Biz Brokers and potential Buyer. If an agreement cannot be reached through arbitration, then parties agree all actions or proceedings arising in connection with this Agreement shall be litigated exclusively in the State courts located in the County in which this listing is located, State of California. This choice of venue is freely agreed to by both parties as evidenced by each party’s execution of this Agreement, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph.
Further, if any provision of this Agreement shall be held to be invalid, void or unenforceable, the Court of jurisdiction, mediator or arbitrator shall interpret the invalid, void or unenforceable clause as closely as possible to the spirit in which it was intended when drafted.
Please acknowledge your consent and agreement to the aforementioned by selecting “I Agree” below and clicking on the “Submit” button at which time the same shall constitute a binding Agreement between Potential Buyer and Broker.