You are requesting information on one or more businesses for sale by Business Broker Colorado, LLC  in Denver, Colorado. We have compiled comprehensive sales packets/data rooms that we will immediately email you upon receipt of this completed Buyer Profile and Non-Disclosure Agreement (NDA).

These data rooms all contain 3 years of Tax Returns, CPA Financials, Asset Lists, Balance Sheets, and Detailed Video Interviews with the Owners on all aspects of the sale, etc. You MUST specify below a clear description of exactly which business(s) you are inquiring about.

By signing below you agree to all these terms for ALL businesses that we email you information on.

Confidential Buyer Profile (Buyer Profile must include all information below) ver.3

  • By acknowledging (clicking the box) below you agree to this confidentiality, nondisclosure and non-solicitation agreement ("Agreement") including all these terms for ALL businesses that we or the selling business email you information on or otherwise provide or make available to you.

    (A) The selling business, is willing to disclose to you, and you desire to review, information relating to the selling business for the sole purpose of discussion of a potential acquisition of the selling business and in accordance with the terms and conditions of this Agreement. You hereby acknowledge and agree that the selling business and Broker will be communicating with multiple potential buyers of the selling business and that nothing in this Agreement creates any exclusivity to you with respect to the selling business' disclosure of information regarding its business to you or negotiation of any potential acquisition of the selling business. As detailed below, Broker is acting as solely as "Seller Agent" on behalf of the selling business.

    (B) You agree that any information provided to you regarding the selling business whether in oral, written, machine readable or electronic form is sensitive and confidential and includes trade secrets, information regarding existing and future operations of the selling business, the fact the selling business may be for sale and all negotiations related thereto, the existence or terms of this Agreement, the fact the parties are considering a potential transaction, pricing information, supplier information, business plans, marketing strategies, financial information, profits, sales, net income, indebtedness, tax returns or other information related to the selling business' existing or planned business. All information disclosed to you, in any form or media, is to be kept confidential pursuant to the terms and conditions of this Agreement unless expressly agreed otherwise in writing by the selling business and except information regarding the selling business is not considered confidential if it is generally available to the public through no fault of you and was known to you prior to disclosure by the selling business or Broker provided, that that any combination of information including information gathered from multiple public records or searches will not be within this exception unless the combination itself was generally available to the public.

    (C) You agree any disclosure of the selling business' information to others will be damaging to the selling businesses and its owners. You agree NOT to disclose any information regarding the selling business to any other person and that you WILL be completely liable to the selling business and its owners for any and all damages. This includes notifying others that the selling business is even for sale. You understand that we monitor the use and transmission of all information related to the selling business including pictures and video and that any information related to the selling business including any of these media are not to be forwarded to any party without the expressed written consent of the Broker and the selling business. Two exceptions. 1. Anyone who is part of your buying group provided that they'll out their own Agreement and you understand that you are liable for any such party's violation or breach of the terms of this Agreement and that even if they do not fill out their own Agreement they will be considered under your Agreement and you are responsible and liable for any breach or violation of this Agreement by them and any and all damages related thereto. 2. Any lender who/that has confidentiality as part of their standard procedures and is advised by you of the terms of this Agreement provided that they will be considered under your Agreement and you are responsible and liable for any breach or violation of this Agreement by them and any and all damages related thereto. You agree not to directly or indirectly through any third parties to contact the selling business, selling business' owners, their landlords, employees, suppliers, or customers without the business owner's specific written authorization.

    (D)  All of the information provided on the selling business remains the property of the selling business. Upon request of the Broker or the selling business, you agree to immediately return or delete all of the information you have received regarding the selling business whether received from the Broker, the selling business or any third party as a result of the disclosure of information pursuant to this Agreement. If at any time you decide NOT to pursue the purchase of the selling business, you agree you will promptly and securely destroy all information you have received regarding the selling business whether received from the Broker, the selling business or any third party as a result of the disclosure of information pursuant to this Agreement.

    (E) You represent and warrant that you have no outstanding agreements or obligations whatsoever including, but not limited to, any nondisclosure, non-solicitation or non-competitions agreements that are in conflict with any of the provisions of this Agreement or discussion of a potential acquisition of the selling business, or that would prejudice you from complying with the provisions hereof. Nothing in this Agreement shall be construed as obligating or be deemed to obligate: (i) the parties to enter into any future agreement, or (ii) the selling business to disclose any particular information to you.

    (F) You agree that this Agreement shall be binding upon all of your shareholders, officers, directors, members, managers, partners, employees, agents, representatives and affiliates. You will hold all information regarding the selling business confidential and in trust and confidence, will not disclose information regarding the selling business to any other person or organization, will not use information regarding the selling business to the competitive disadvantage of the selling business or its owners, and will not use information regarding the selling business except as set forth in this Agreement. You will not use any information regarding the selling business, alone or in conjunction with any third parties for any purpose other than as specified in this Agreement.

    (G) You shall not from the date of this Agreement and for a period of two (2) years after the date of any termination hereof at any time, directly or indirectly: (i) solicit or otherwise induce, entice, or hire, or attempt to hire or employ any member, manager, agent, business relation, distributor, sales representative, independent contractor or employee of the selling business; or (ii) solicit, induce, entice, or otherwise cause any existing or potential customers of the selling business to cease doing business with the selling business or otherwise not to do business with the selling business.

    (H) You acknowledge and agree that the selling business is the owner of or has the right to use all of its information and any and all discoveries, improvements, inventions, additions or modifications related thereto whether made by the selling business or you shall be solely owned by the selling business. To the extent any such discoveries, improvements, inventions, additions or modifications related to the information of the selling business are not owned by the selling business by operation of law, including as a "work for hire" under copyright law, you: (i) assign all such rights to the selling business, (ii) will assist the selling business in the protection of all such rights, and (iii) grants the selling business an irrevocable power of attorney to execute any documentation on behalf of you necessary to vest all such rights in the selling business.

    (I) You agree to indemnify and defend Broker, its agents, or its members from any claims brought against Broker by the selling business or its owners arising from any alleged actions or inactions by you, including breach of this Agreement.

    (J) All correspondence, inquiries, communications, offers, and negotiations relating to the potential purchase of any Business listed by the Broker including the selling business will be conducted exclusively through the Broker and the selling business. You agree not to circumvent or interfere with the Broker's contract or relationship with his client (business owner/seller), including the contracted Broker commission due to Business Broker Colorado, LLC as provided in its agreement with the selling business. If you anyway interfere with Broker's contract with its seller(s) or its right to its commission. This also notifies you that you would be held individually liable to the Broker for full payment of Broker's contracted commission that would have been earned and payable as specified in Broker's agreement with the selling business, including all costs of collection including attorney's fees and costs if you violate this section and the Broker is not paid at the closing Broker's contracted commission that would have been earned and payable as specified in Broker's agreement with the selling business.

    (K) All information regarding the selling business is provided by the selling business and Broker for general information purposes only and has not been reviewed, audited or otherwise verified by any third parties. The selling business, its owners and representatives and Broker make no representation or warranty, express or implied, about the accuracy or completeness of any information provided to you under this Agreement and you covenant not to sue the selling business or its owners and representatives or Broker with respect to any information provided to you under this Agreement. You must perform your own due diligence and verify all information regarding the business to your satisfaction before purchasing. Any representations, warranties or covenants and agreements regarding the purchase and sale of the selling business and any information related thereto will be covered in a definitive purchase and sale agreement signed by you and the selling business. You understand and agree that Broker is not responsible for the accuracy of any of the information supplied by the selling business contained in any sales packet or other information provided about the selling business and that by receiving any such information you agree to indemnify and hold Broker harmless from any claims or damages which may occur by reason of the inaccuracy or incompleteness of any information supplied by the selling business contained in any sales packet or other information about the selling business provided to you. Also, you understand that the Broker has advised you to seek professional tax and legal advice before purchasing any business he represents, as the Broker cannot and does not give legal or tax advice.

    (L) This Agreement will commence on the date accepted by Broker and will continue until terminated the earlier of: (i) the date of notice of termination by the selling business or Broker or (ii) sixty (60) days following the date accepted by Broker. The provisions of this Agreement that relate to the confidentiality and protection of information regarding the selling business and non-solicitation and all enforcement rights related thereto shall survive any termination of the Agreement.

    (M) You acknowledge that your appropriation, disclosure, production or use of the information regarding the selling business in violation of this Agreement will irreparably damage the selling business, and that the selling business will be entitled to temporary and permanent injunctive relief against such violations without the necessity to post any bond or other surety.

    (N) It is the parties' intention that each provision of this Agreement be interpreted so as to be effective and valid under applicable law. If any provision of this Agreement is held invalid or unenforceable for any reason such provision shall be reformed or construed to be enforceable to the maximum extent possible under applicable law and the validity of the remainder of this Agreement shall nevertheless remain in full force and effect.

    (O) The parties hereto agree that this Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado, and, for the purpose of resolving any issue pertaining to the conflict of laws, this Agreement shall be deemed fully and solely executed, performed and/or observed in the State of Colorado. Resolution of any disputes under this Agreement shall only be held in the federal or state courts sitting for or in Denver County, Colorado and each party expressly and irrevocably consents to the jurisdiction of and waives any objections to said courts and hereby assent to the exercise of personal jurisdiction of such courts. In the event of any such proceeding related to this Agreement, the prevailing party shall recover its reasonable attorney fees and expenses in addition to any other remedies to which it is entitled.

    (P) This Agreement represents the entire understanding of the parties with respect to the subject matter hereof. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by the parties hereto.



    Different Brokerage relationships are available which include Seller agency, buyer agency, or transaction – brokerage.

    Brokerage disclosure to Buyer or Tenant of Property. Definition of working relationships.

    Seller's Agent: a seller's agent works solely on behalf of the seller to promote the interests of the seller with the utmost good faith, loyalty, and fidelity. The agent negotiates on behalf of and ask as an advocate for the seller. The seller's agent must disclose to potential buyers all adverse material facts actually known by the seller's agent about the business/property. A separate written listing agreement is required which sets forth the duties and obligations of the broker and the seller.

    Buyer’s Agent: a buyer’s agent works solely on behalf of the buyer to promote the interests of the buyer with the utmost good faith, loyalty and fidelity. The agent negotiates on behalf of an accident advocate for the buyer. The buyer’s agent must disclose to all potential sellers all adverse material facts actually known by the buyer’s agent, including the buyer’s financial ability to perform the terms of the transaction. A separate written by a Buyer agreement is required which sets forth the duties and obligations of the broker and the buyer.

    Transaction broker: the transaction broker assists the buyer or seller or both throughout a real estate transaction by performing terms of any written or oral agreement, fully informing the parties, presenting all offers and assisting parties with any contracts, including the closing of the transaction, without being an agent or advocate for any of the parties. A transaction-broker must use reasonable skill and care and the performance of any oral or written agreement and must make the same disclosures as agents about all adverse material facts actually known by the transaction – broker concerning the property or a buyer's financial ability to perform the terms of a transaction and whether the buyer intends to occupy the property. No written agreement is required.

    Business Broker Colorado, LLC is the managing broker. Business Broker Colorado, LLC and Jeff Chapman Eisnaugle will be operating solely as a “Seller Agent” in this transaction.
    You acknowledge that you have read the above Non-Disclosure Agreement carefully, fully understand it, and agree to comply with it. You also attest that the name and information provided above are your own, and it is accurate.