Non-Disclosure and Confidentiality Agreement

Our Agreement with the Seller requires us to obtain a Non-Disclosure and Confidentiality Agreement before we disclose the name and location of their business. INFORMATION provided on any business offered for sale by Broker is sensitive and confidential. Disclosure of this information to others would be damaging to the Seller’s business.

AGREEMENT

The undersigned prospective purchaser (herein referred to as “Buyer”), in consideration for the Principals, Associates, Agents, Clients or Employees of Seiler Tucker, Inc. with its corporate headquarters located at 400 Poydras Street, Suite 1460, New Orleans, LA 70130 (hereinafter referred to as “Broker”) for providing Buyer with information on any business offered for sale through Broker, hereby understands and agrees that:

The term “Information” shall include the fact that the business is for sale and other confidential data. The term Information does not include any information, which is or becomes generally available to the public or is already in Buyer’s possession. In the event the purchase process is terminated, all documentation provided for the review of any business will be returned to the Broker without retaining any copies, summaries, analysis, or extracts thereof.
Buyer will not disclose any Information regarding these businesses to any other party, except to those directly involved in the sale or to those who will provide Buyer with professional, legal, lender or financial advice on the sale, in which case Buyer agrees to obtain their consent to maintain such confidentiality. If Buyer discloses the availability of a business to another party, and that party purchases or causes the purchase of that business without Broker, or if Buyer interferes with the Broker’s right to a commission from the Seller in any manner, then Buyer agrees to be responsible for payment of Broker’s commission as outlined on the listing agreement for that business or if Buyer circumvents Broker and communicates directly with the Seller and interferes with Brokers ability to complete the transaction.
All negotiations concerning any business shown will be handled exclusively through Broker. No contact with the Seller, Employees, Suppliers, Customers, Franchise or, or Landlord, etc. is permitted without direct authorization of the Broker. Buyer agrees that Seiler Tucker Inc. will be copied and present on all communication with the Seller and Seller’s affiliates or representatives including all emails , text or social media messages, phone calls and all meetings whether they be digital or in person, unless Seiler Tucker Inc. deems otherwise.
Buyer will not use, seek to use, or otherwise take unfair advantage of any trade secrets or other confidential information for Buyer’s own benefit or any third party, and all information received will be used only for investment and purchase of the businesses shown.
All information is provided by Seller and is not verified in any way by Broker. Broker is relying on Seller for the accuracy and completeness of said Information. Broker has no knowledge of the accuracy of said Information and makes no warrant, expresses or implied, as to such Information. Broker may provide certain analysis of information provided by the Seller that may contain interpretations and/or evaluations and that no representations of warranties are made by the Broker as to it’s accuracy or completeness. Buyer agrees to indemnify and hold Broker harmless from any claims or damages resulting from its use.
The Buyer should be aware that taking physical possession of a business prior to the legal closing may result in detrimental changes to the business and may affect the closing of the sales.
Buyer represents and warrants to have the legal and expressed authority to enter into this Agreement on behalf of any entity represented, and hereby personally guarantees the performance of this Agreement. This Agreement, if signed by an individual on behalf of a company, shall be binding on both the company and the individual or individuals so signing.

Seiler Tucker, Inc., 400 Poydras Street, Suite 1460, New Orleans, LA 70130, 504-525-1717 (O) 504-525-2778 (F)
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Buyer understands that a violation of this Agreement could subject Buyer to legal action by Broker and/or Seller. Buyer agrees to pay for all reasonable court costs, damages, and legal fees incurred to enforce this Agreement or if Broker named herein is joined in any litigation arising out of this Agreement. This Agreement shall be construed, interpreted and applied in accordance with the laws of the State of Louisiana without regard to the doctrine of conflicts of law. Any claim or controversies (of whatever kind or nature, including issues of fraud, misrepresentation, rescission, revocation, disclosure, or circumvention) parties hereby agree to submit to arbitration according to the Commercial rules of the American Arbitration Association, and affirmatively waive any defenses as to jurisdiction or venue. This Agreement was negotiated and consummated in the Parish of Jefferson, State of Louisiana, and that Broker’s performance of the Agreement is intended to occur and take place in the State of Louisiana; the laws of the State of Louisiana shall govern and apply to the rights, interpretation and/or enforcement of this Agreement; and, the forum for any claims, disputes, lawsuits or other proceedings between or involving Broker and Buyer in connection with this Agreement shall be brought and maintained in the Twenty-Fourth Judicial District Court for the Parish of Jefferson, State of Louisiana, Gretna, Louisiana or in the United States District Court for the Eastern District of Louisiana, New Orleans, Louisiana.

This will acknowledge that on this date Buyer has received or will receive from Broker certain pertinent and confidential information relating to the sale of the following businesses and/or properties listed on page 2 in Section 10.

It is agreed that in consideration of confidential information given to Buyer by Broker as to the mentioned herein and entrusted to Buyer, Buyer agrees not to divulge the said Information to any third party, except those listed in Section 2. Buyer understands that the Broker has an Engagement Agreement with the Seller(s) or co-brokerage agreement with another Broker or a similar contract or agreement with the business owner or their authorized agent, of the business(es) listed below which provide for a commission payment. Buyer will not interfere or interact with the Seller(s) during the terms of such agreement(s), or within two (2) years after the termination of such agreement(s), without the written consent of Broker, and should the Buyer do so and does purchase, and/or enter any other financial agreement, including a management agreement with the Seller(s) and/or leases on the Seller(s) premise(s), Buyer will be liable for any and all damages that the Broker may suffer, including but not limited to the commission due to the Broker.

listing number: 933991

Listing Name: Established Fishing Lodge

Broker is considered the Agency first disclosing details of the above business(es) to the undersigned. The parties acknowledge that Seiler Tucker, Inc. was instrumental in bringing about this agreement and has thereby earned brokerage commissions, finder’s fees or other similar payments.

This document and any appendices hereto contains the entire Agreement between the parties and supersedes any previous understandings, commitments or agreements, whether oral or written, pertaining to the subject matter of this Agreement.
Buyer understands and agrees to all terms of this Agreement and acknowledges a signed, faxed or scanned copy of this Agreement may be accepted as original.
This Agreement will expire two years from the date below.

The undersigned (Buyer) agrees to the terms of this 3 Page Agreement and expressly acknowledges reading and understanding such.

Please PRINT Name:*
Company Name (if applicable):
Signature:*	______________________________ Click on the line above to sign!
Date:*
Home Address:*
City, State, Zip:*
Phone:*
Email:*
Broker:
(for Broker) Date:

Seiler Tucker, Inc., 400 Poydras Street, Suite 1460, New Orleans, LA 70130,  504-525-1717 (O) 504-525-2778 (F)
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DISCLOSURE NOTICE REGARDING AGENCY RELATIONSHIP

As a prospective purchaser, we want you to be aware of our role in any potential transaction involving the purchase of a business through Seiler Tucker, Inc. Be it understood that the Broker’s duty is limited only to negotiating the sale of the business at mutually agreed upon terms and conditions between you and the Seller. The Buyer Should be aware that, unless otherwise informed in writing, the Broker represents the Seller. As professionals, we are obligated to treat you honestly, and with integrity. Our duty of dealing with you in good faith co-exists with our fiduciary obligations to our client, the Seller and are acting as agents for the Seller.
Our compensation will be received from the Seller unless other arrangements are made with you in writing.
It is understood that the Broker merely acts as an intermediary and cannot give accounting, tax, or legal advice. If the Buyer desires such advice, he or she is advised to seek such advice from a qualified professional.
Prior to finalizing an agreement to purchase or invest in a business, it is Buyer’s responsibility to perform due diligence and make an independent verification of all Information. Buyer will only look to the Seller and Buyer’s own investigation for all information regarding any business offered by the Broker. The Buyer will personally inspect the business he or she has an interest in and will satisfy him or herself with their ability to conduct it and have a clear and distinct understanding that all profits are future in any business that Buyer may purchase.

I Acknowledge Reading, Understanding and Receiving this Disclosure Notice

Signature:*	______________________________	Date:*
Print Name:*

Seiler Tucker, Inc. 400 Poydras Street, Suite 1460, New Orleans, LA 70130, 504-525-1717 (O) 504-525-2778 (F)
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Note: This information will not be disclosed to any individual or entity without the express consent of Named Individual(s) below. This information is required to adequately match business buyers with sellers.

Financials

Total Assets:
Total Liabilities
Estimated Net Worth
Liquid Assets
How Much are You Willing to Put Down to Buy A Business?
Preferred Method of Financing (Cash, Loan, Investor Backed)

I certify that the above information is true and accurate as of the above stated date.

Signature:	____________________	Date:
Phone:

Buyer Questionnaire:

Industries Interested In:
Locations:
EBITDA Requirement:

Seiler Tucker, Inc., 400 Poydras Street, Suite 1460, New Orleans, LA 70130,504-525-1717 (O) 504-525-2778 (F)

Email: