In consideration of McDonald Hospitality Brokers T/as MHB – ACN 97 643 285 698 (“Agent”) providing the undersigned with certain confidential and proprietary information for the business/property identified, or any other business/property being offered for sale (“Business/Property”), hereby agree to and acknowledge the following:
- That all information furnished to me by the Agent or Seller will be deemed confidential and I agree not to disclose any such information to another person, except to secure the advice and recommendations of my advisors. Any information obtained by me shall not be used to the detriment of the business/property. The Seller is hereby designated as third-party beneficiary to this Agreement.
- Not to contact the business/property owner, the employees, suppliers or customers of the business/property, except through the Agent, which I acknowledge is the Agency first providing such information to me. All correspondence, inquiries, offers to purchase, negotiations and closing preparations related to the purchase of any business/property presented to me by the Agent will be conducted exclusively through the Agent.
- I acknowledge that the Agent has informed me that they are working with me as a Seller’s Agent. The Agent is not an agent for me but is an Agent for the Seller and has a contract providing for a fee to be paid to the Agent by the Seller upon the sale or other disposition of the Seller’s business or property.
I agree not to circumvent or interfere with the Agent’s contract with the Seller in any way. Even though the Agent may assist me in locating a business/property and in the business/property buying process, such action will not convert any member of the Agent’s staff into an agent for me.
- The Agent will not verify the accuracy or completeness of the information provided. I will rely on my own investigation to determine whether I ultimately wish to purchase any business/property listed with the Agent.
I agree to release and/or hold the Agent, its agents and/or employees harmless against any action, claims, demands or damages against the company by reason of the inaccuracy or incompleteness of any information provided to me with the respect to any business/property I might purchase.
- In the event I elect not to purchase the business/property or any business/property disclosed to me by the Agent, I will promptly notify the Agent and immediately return all information.
- By agreeing to the Conditions of Application/Non-Disclosure Agreement I acknowledge that I have read and understood all the information set forth in this agreement, which was given to me at the time McDonald Hospitality Brokers T/as MHB began providing specific assistance in buying a business/property and/or real estate.
I acknowledge that I will be the principal in any proposed business/property purchase and that I am not working on behalf of undisclosed principals or as sub-agent for any other person.
I also acknowledge that I am financially capable of purchasing the business/property enquired upon.