Confidentiality Agreement & Buyer Profile

PROSPECT acknowledges and agrees that PROSPECT approached Franklin F Luke Jr. PLLC (BROKER), and that BROKER was the first to advise them of the availability and details concerning any business and/or real property that PROSPECT has requested information regarding.

1. PROSPECT understands and agrees that all dealings concerning the opportunities above will be handled through BROKER. BROKER will furnish to PROSPECT certain proprietary information for the sole and exclusive purpose of considering the transfer of said business; and PROSPECT understands that the review, examination, inspection of the various operations, properties, personnel, financial and other matters which are non-public, confidential or proprietary in nature and are hereinafter referred to as "Proprietary Information." The Proprietary Information will be kept confidential and shall not, without the prior written consent of BROKER, be disclosed by PROSPECT or its agents, representatives or employees, in any manner whatsoever, in whole or in part, and shall not be used by PROSPECT, its agents, representatives or employees, other than in connection with the purchase of one of the opportunities requested by prospect. PROSPECT shall be fully responsible for any breach of this Agreement by itself, its agents, representatives or employees.
2. Any and all information provided to PROSPECT is provided for informational purposes only. BROKER does not make any representations and/or warranties as to the accuracy of the information provided and that PROSPECT is to make his or her own independent evaluation of the opportunities described above. PROSPECT acknowledges that BROKER has advised PROSPECT to seek independent professional advice in the review and evaluation of the information provided and that PROSPECT should seek the advice of an attorney and/or certified public accountant.
3. PROSPECT understands and agrees that BROKER is acting as a TRANSACTION BROKER only, and has a contract with SELLER providing for a fee to be paid upon sale, trade, lease, transfer, or option to sale, trade, lease, transfer of SELLER'S business or property, or any part thereof; but if any of the covenants are broken or converted resulting to a loss for the broker by prospect said fees may be collected from prospect.
4. PROSPECT agrees that any information or data received shall not be discussed with any employee, landlord, or any other person or persons affiliated with the business or the business owner.
5. PROSPECT acknowledges receiving a copy of this Agreement and a facsimile copy with signatures shall be considered as original.
6. This Contract shall be governed by the laws of the state of Florida. Any breach of this Agreement shall result in the prevailing party being entitled to receive from the other party all of its reasonable attorney's fees, costs, and expenses incurred.