HEP ADVISOR’S NON-DISCLOSURE AGREEMENT
Disclaimer
This publication is intended to deliver accurate and authoritative information
regarding the subject matter covered. This information contained here is up-to-date
as of the date of this publication.
By accepting this material, you recognize that the publisher is not engaged in
offering or providing legal, accounting, or other professional services. The advice
and strategies contained herein may not be suitable for your situation. You should
feel free to and are advised to consult legal, accounting, or other professional
advisors. Neither the publisher nor the author shall be liable for any loss of profit or
any other commercial damages, including but not limited to special, incidental,
consequential, or other damages.
This publication is not and should not be considered an offer to sell securities, the
sale of which is regulated by state and federal laws and regulations.
PLEASE NOTE: THIS GUIDE IS INTENDED FOR INFORMATIONAL PURPOSES
ONLY!
The reproduction, translation, or copying of this work or any part of this work
without the permission of the copyright owner is unlawful.
Contract Disclaimer
Any sample contracts contained in this guide are for examples only. They should not
merely be duplicated without considering the specifics and details of your particular
situation. They are not intended to cover every real estate transaction orsituation.
Real estate contracts are important documents, so you should consult an attorney
in your state before making any contractual commitment or signing any agreement.
State laws vary and certain provisions in these sample contracts may not be
enforceable. You may have a specific situation not addressed by these samples, and
the attorney can address that particular issue for you.
By downloading and using these documents, you agree to indemnify and hold
harmless Gery Connor, HEP Advisors, LLC, and its directors, officers, employees,
shareholders, financial advisors, attorneys, and accountants against any claim,
liability, loss, damage, or expense (including, without limitation, attorneys’ fees and
other costs of investigating and (litigating claims) caused, directly or indirectly, by
your use of these documents.
Earnings Disclaimer
Use of testimonials and personal examples herein are for exemplary purposes only.
Specific discussions of earnings are not an indication that the reader will experience
the same results. Background, education, and experience all play into one’s ability
to generate profits. As such results will vary.
I. The Parties. This Agreement is made between:
Home Equity Protectors, LLC with a mailing address of 6809 Main Street,
Unit #382, Cincinnati, OH, 45244, Country United States of America
AND
Client: with a mailing address of
, City of , State/Province
of, Country of
(“Client”). WHEREAS the Client agrees and
certifies, effective , 20 , under the following terms
and conditions:
II. Coaching Services. HEP Advisors, LLC agrees to perform the following:
Various coaching sessions for one, or many. Hereinafter known as the
“Coaching Services”.
III. Payment. In consideration for the Coaching Services to be performedby
HEP Advisors, LLC the Client agrees to pay HEP Advisors per the chosen
program enumerated. Completion shall be defined as the fulfillment of
Services in accordance with industry standards and to the approval of the
Client, not to
be unreasonably withheld. Home Equity Protectors agrees to be paid every
month beginning on the date of this agreement with a valid credit card. You
agree that when you close your deals, HEP advisors will be paid 50% of the
income created by that deal.
IV. Due Date. The Coaching Services provided by HEP Advisors shall have a
due date of within 30 days, in the event there is no progress or deals closed
within the stated time, HEP advisors are entitled to revoke and cancel the
plan.
V. Expenses. The Client shall be responsible for all Real Estate expenses
related to buying properties under this Agreement. This includes, but is not
limited to, supplies, equipment, operating costs, business costs, taxes, Social
Security contributions/payments, insurance, and any other cost that may or
may not be in connection with the Services provided.
VI. Termination. This Agreement shall terminate upon the satisfactory
completion of the Services provided. Additionally, the Client or HEP Advisors,
LLC may terminate this Agreement, and any obligations stated hereunder,
with reasonable cause by providing written notice of a material breach of the
other party; or any act exposing the other party to liability to others for
personal injury or property damage. Nor shall either party disclose or
otherwise reveal, to any third party, any confidential information revealed by
the other, particularly that concerning partners, investors, lenders, buyers,
organizations, or individuals’ names, addresses, emails, phone numbers, or
any other means of access thereto, without the specific formal written
consent of the other.
VII. Option to Terminate. It is agreed that this Agreement shall remain in
effect for a period of One (1) year or the life of any agreement, contracts, or
commercial agreements, whichever is longer, and will automatically renew
itself thereafter from year to year unless mutually agreed to in writing to
cancel the same within thirty days of the anniversary date of this Agreement.
In the event, either party shall at any time violate the terms of
this Non-Disclosure and Non-Circumvention Agreement, such defaulting party
shall be liable to pay $16500 to the other party any and all profits, and/or
commissions which such non-defaulting party would have earned, or made
from any transaction which may be consummated, as a result of, or through
such unpermitted circumvention, plus all court costs and legal fees
expended in the enforcement of this agreement.
VIII. Business Licenses, Permits, and Certificates. HEP advisors
represent and warrant that all employees and personnel associated shall
comply with federal, state, and local laws requiring any required licenses,
permits, and certificates necessary to perform the Services under this
Agreement.
IV. Indemnification. The Client shall indemnify and hold HEP Advisors, LLC
harmless from any loss or liability from performing the Services under this
Agreement.
X. Confidentiality. The Client acknowledges that it will be necessary for the
HEP Advisors, LLC to disclose certain confidential and proprietary information
to the Client in order for the Client to succeed under this Agreement. The
Client acknowledges that disclosure to a third party or misuse of this
proprietary or confidential information would irreparably harm HEP Advisors.
Accordingly, the Client will not disclose or use, either during or after the term
of this Agreement, any proprietary or confidential information of HEP
Advisors without the HEP Advisor’s prior written permission except to the
extent necessary to perform Services on HEP Advisor’s behalf. Proprietary or
confidential information includes, but is not limited to: The written, printed,
graphic, or electronically recorded materials furnished by HEP Advisors, LLC
to the client to use; Any written or tangible information stamped
“Confidential,” “proprietary,” or with a similar legend, or any information that
Home Equity Protectors, LLC makes reasonable efforts to maintain the
secrecy of business or marketing plans or strategies, customer lists,
operating procedures, trade secrets, design formulas, know-how and
processes, computer programs and inventories, discoveries, and
improvements of any kind, sales projections, and pricing information; and
information belonging to customers and suppliers of the Client about whom
the Client gained knowledge as a result of the HEP advisor’s Services to the
Client. Upon termination of the HEP Advisor’s Services to the Client, or at the
Client’s request, the Client shall deliver to HEP Advisors all materials in the
Client’s possession relating to the HEP Advisor’s business. The Client
acknowledges any breach or threatened breach of confidentiality that this
Agreement will result in irreparable harm to HEP Advisors for which damages
would be an inadequate remedy. Therefore, HEP Advisors shall be entitled to
equitable relief, including an injunction, in the event of such breach or
threatened breach of confidentiality. Such equitable relief shall be in addition
to HEP Advisors’ rights and remedies otherwise available at law.
Moreover, confidential information may also refer to any data or information,
relating to HEP Advisors, HEP Advisors’ customers, or HEP Advisors’ other
Clients, that would reasonably be considered to be private or proprietary to
HEP Advisors, the Client’s customers, or the Client’s other Contactors, or
could reasonably be expected to cause harm to HEP Advisors, the Client’s
customers, or HEP Advisors’ other Clients if divulged to others.
The Client agrees that they will not disclose, divulge, reveal, report, or use,
for any purpose, any Confidential or Proprietary Information which the Client
has obtained, except as authorized by HEP Advisors, or as required by law.
The obligation of confidentiality will apply during the Term of this agreement
and will survive indefinitely upon termination of this Agreement. Any violation
of such confidentiality shall result in immediate termination of this Agreement.
XI. Proprietary Information. Proprietary information, under this
Agreement, shall include: The product of all services performed under this
Agreement (“Coaching Products”), including without limitation all notes,
reports, documentation, drawings, computer programs, inventions,
creations, works, devices, models, work-in-progress and deliverables will be
the sole property of HEP Advisors, and HEP Advisors hereby assigns to the
Client all rights, title, and interest therein, including but not limited to all
audiovisual, literary, moral rights and other copyrights, patent rights, trade
secret rights, and other proprietary rights therein. Client retains no right to
use the Work Product and agrees not to challenge the validity of the HEP
Advisors’ ownership in the Coaching Products; HEP Advisors hereby assigns
to the Client all rights, title, and interest in any photographic images and
videos or audio recordings made by HEP Advisors during their contract,
including, but not limited to, any royalties, proceeds, or other benefits
derived from such photographs or recordings, and HEP Advisors will be
entitled to use the Client’s name and/or likeness in advertising and other
materials.
XXI. Entire Agreement. This Agreement, along with any attachments or
addendums, represents the entire agreement between the parties.
Therefore, this Agreement supersedes any prior agreements, promises,
conditions, or understandings between the Client and Home Equity
Protectors.
IN WITNESS WHEREOF the Parties have duly affixed their signatures under
hand and seal on this day of , .
Client’s Signature Date
Print Name
HEP’s Signature Date
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