Specializing in the Resale of Franchise Businesses since 1978

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NDA

Non-Disclosure Agreement - V20230519

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, unless 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 Non-Disclosure Agreement (“Agreement” or “NDA”) 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 for their actions) .

NFS may furnish information about said business for sale or lease, as provided to NFS by the owner(s) (“Seller”) 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 businesses to confirm all facts and figures with the Seller 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 me on my behalf, purchase, possess, lease, rent, obtain an option for, gain any interest in, become a manager of, or become connected in any way with the 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 purchase price if I interfere in any way with the Broker’s right to a commission from the seller, and I would be personally liable for the payment of that commission. It is agreed that if I make the purchase through NFS, I am not liable for a commission.

I agree that Broker’s website, logbook, or other materials provided by Broker 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 their best efforts to locate a business suitable for my needs, and will, from time to time, supply information to me 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 Agreement.

I understand that information disclosed to others could cause a loss of business and create injury in employer-employee relationships. I understand and agree that in the event of a breach or threatened breach of this NDA, NFS and Seller may suffer irreparable harm for which it may not have an adequate remedy at law. Therefore, NFS and Seller, as applicable, shall have the right to seek injunctive relief to enforce this Agreement, in addition to their other rights or remedies which may be available at law or in equity. Should any legal action be taken against me as a result of a breach of this Agreement, the prevailing party shall be entitled to court costs and attorney fees as awarded by a court of competent jurisdiction.

It is expressly understood that except for the enforcement of any rights to injunctive relief to enforce the terms of this Agreement, in the event of any dispute, claim or controversy between the parties arising out of or relating in any way (whether directly or indirectly) to this Agreement, whether in contract, tort, equity or otherwise, and whether relating to the meaning, interpretation, effect, validity, performance or enforcement of this Agreement or any of the documents executed pursuant to this Agreement, such dispute, claim or controversy shall be resolved by and through a confidential arbitration proceeding conducted in Orange County, California in accordance with the rules and procedures of the American Arbitration Association and administered by judicial arbitration and mediation service (“JAMS”). Whether any such dispute, claim, or controversy is subject to arbitration shall likewise be determined by the arbitrator. This Agreement to arbitrate and the findings, judgments, and/or awards rendered through such arbitration shall be final and binding on the parties hereto and may be specifically enforced by legal proceedings in any court of competent jurisdiction in Orange County, California.

Do not talk to Sellers or Employees.


E-SIGN

By selecting the ‘I Accept’ option in the NDA section of the National Franchise Sales website registration page, the registrant agrees in accordance with the ESIGN Act, to the terms of this Non-Disclosure Agreement.

Confidentiality Statement: National Franchise Sales uses your profile information to better serve you, and help match you with the right opportunity. We take all appropriate measures to keep your information confidential and do not share this information with anyone.

* I understand that by not accepting the terms of the NDA, I will be limited in my ability to view listings.