Confidentiality/Non-Circumvention Agreement
The undersigned hereby agrees not to disclose or discuss to any third party and to keep completely confidential all names of any property, corporation, organization and individuals introduced by Johanna Welty, Inn Specialist/Realtor (Welty) with Alain Pinel Realtors (BROKER) in association with The B&B and Country Inn MarketPlace.
The undersigned further agrees not to disclose any information learned about Bed & Breakfasts and/or Inns introduced by Welty to any third party, including employees, customers, suppliers or other prospective buyers. All business information and/or records obtained by the undersigned are confidential and, as prospective buyer(s), I/we agree not to use this shared business information for a start-up or competitive use in any business, present or future.
It is understood that information disclosed to others could cause a loss of business, and/or create injury to employee/employer relationships. Buyer may consult with attorneys, accountants, banks and/or financial advisors concerning shared business information/records, subject to this agreement, without causing a breach to this agreement.
The undersigned understands that as BUYER(s), she/he/they is/are not responsible for BROKER’s commission, unless otherwise agreed to, but further understands that, should she/he/they release any information about the businesses shared byWelty without going through her BROKER, the undersigned agrees to pay as consideration to her BROKER, an amount equal to the actual commission due her BROKER. This paragraph shall remain in force for a period of seven hundred and thirty (730) days.
The undersigned or her/his/their representative further agrees, promises and pledges that neither she/he/they nor any principals, officers, agents shall circumvent and, further, shall not make any contact directly or indirectly, or attempt to otherwise deal, with any sources being revealed by Welty and her BROKER, without the written permission of Welty and her BROKER. Should any circumvention or contact be made with the source revealed by Welty and her BROKER, and should this contact or circumvention result in a sale, merger or exchange of the business property in question or other business properties introduced to undersigned by Welty and her BROKER, the undersigned agrees to pay as consideration an amount equal to the actual commission due BROKER.
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Please accept my/our most sincere appreciation for your selection of our brokerage services. The transaction that you are contemplating will naturally involve a variety of financial statements and legal documents that bear significantly on your final purchase decision. Neither our firm nor Welty intends to represent that any of the financial statements or any other material or information supplied by the SELLER or her/his/their agent have been inspected, verified or approved by us. Because we recognize the significance of this data, we recommend your consulting an independent certified accountant of your choice. In addition, for your protection, we request that your legal counsel be available to assist you with the transaction.
Further, no representation as to the condition of any structure, fixture or system is implied.
It is requested that certified or licensed inspectors or engineers be employed by undersigned to ascertain the condition of such structure, fixture or system.
This agreement shall be binding for all properties introduced to the undersigned by Welty and her BROKER. The validity of this Agreement and the interpretation and performance of all of its terms shall be governed exclusively by the laws of California without regard to the application of California’s principles of conflict of laws.
Johanna Welty, California Inn Sales Specialist, Realtor, MBA
Alain Pinel Realtors (Broker)
1646 North California Blvd., Plaza Level, Suite 101, Walnut Creek, CA 94596
/ Direct: 925.708.4505 / FAX: 925.930.6243
Property NAME:______
AGREED TO AND ACCEPTED BY:
Buyer: ______
Buyer: ______
Date: ______
Print Name(s)______
Address: ______
Telephone: ______
Facsimile: ______
Email Address: ______
PLEASE RETURN two-page Agreement to FAX: 925.930.6243
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