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Hi there! 

Thanks for expressing interest in the purchase of our Tour and Rental business.  We look forward to sharing more about this opportunity with you. 

Please fill out the following NDA and quick questionaire. Once we receive this, we'll reach out to schedule a time to connect, share, and dig into the details of our business with you. 

This Non-Disclosure Agreement (this “Agreement”) is made and entered into by and between the interested party (the “buyer”) and Fly Rides, LLC (the “seller”), and is effective with respect to each such party as of the date on which such parties have executed this Agreement as set forth on April 25, 2024 .

WHEREAS, the parties have entered into certain discussions relating to a process for the seller to conduct a major financial transaction (the “Proposed Transaction”).  

WHEREAS, in connection with the discussions relating to the Proposed Transaction, the seller may disclose certain of their operational, financial, business, and other proprietary or confidential materials and plans to the buyer.  Pursuant to such disclosure, the buyer may become acquainted with certain confidential information and trade secrets of other party, including, but in no way limited to, business methods and systems, seller screen techniques, seller database information, strategic contracts, financial statements, fee schedules and other price information, billing records, policies, actual and projected financial and operational information, contracts, projections, business plans, officer, director and owner information, employees and contractors, suppliers and vendors, buyers lists, marketing, software, technology, technical memoranda, manuals, prospects and proposed projects, trademarks and patents, intellectual property, advice from lawyers and accountants and other consultants, and other information and know-how, all relating to or useful to the seller’s business and relating to the disclosed materials (collectively, the “Confidential Information”).  The Confidential Information includes all disclosures of matters made prior to the Effective Date, if any, in addition to all disclosures made after the Effective Date.  

NOW, THEREFORE, as a condition to any the seller’s disclosing its Confidential Information to the buyer and in recognition by each party that such Confidential Information constitutes proprietary, valuable, and unique assets owned by or in the custody of the seller, the parties agree as follows:

TERMS AND CONDITIONS

Recitals.  The recitals stated above are true and correct and are incorporated by reference into and made a part of this Agreement.  

Access to Confidential Information.  The buyer will receive or be given access to certain Confidential Information of the seller, all relating to or useful in the seller's business and all considered by the seller as confidential or proprietary information.  

Non-Disclosure and Non-Use of Confidential Information.  Without the express written consent of the seller, which may be withheld in its sole and absolute discretion, the buyer covenants and agrees:

    (a)    Not to disclose any of the Confidential Information, to any person, entity or third party, other than its financial and legal buyers expressly for the purpose of evaluating the Proposed Transaction;

    (b)    Not to use the Confidential Information for any competitive advantage or in business activities or for any purposes other than in connection with the Proposed Transaction;

    (c)    To keep in strict confidence the Confidential Information and to use appropriate and reasonable safeguards to maintain such confidentiality; and

    (d)    Not to use the Confidential Information for any purpose which may be in any way detrimental to the seller or the business of the seller.

Non-Disclosure of Proposed Transactions.  The terms of the Proposed Transaction are confidential and proprietary, and except as set forth in Section 5 below, the parties covenant and agree not to disclose any information related to the Proposed Transactions (including the existence thereof) to any person, entity, or third party, other than the party’s financial and legal buyers pursuant to section (3)(a) above. 

Mandated Disclosure.  If disclosure of Confidential Information is required pursuant to a valid and enforceable judicial or government order (the “Mandated Disclosure”), the buyer will (a) promptly upon receipt of a subpoena or other written notice seeking the Confidential Information, provide prompt written notice to the seller concerning the request, and (b) reasonably cooperate with the seller in the event that the seller elects to legally contest and avoid the Mandated Disclosure. 

Return of the Confidential Information.  Within five (5) business days of the buyer’s receipt of a written request by the seller, the buyer will either (a) return to the Confidential Information, both in hardcopy and electronic form or (b) destroy the information.  

Ownership.  The Confidential Information is, and will remain, the sole and absolute property of the seller, to be used by the buyer only for the Proposed Transaction expressly identified by this Agreement.  Confidential Information will not be reproduced in any form except as required to accomplish the intent of this Agreement. Any reproduction of any Confidential Information will remain the property of the seller and will contain any and all confidential or proprietary notices or legends that appear on the original, unless otherwise authorized in writing by the seller.

Assignment; Binding Effect.  Under no circumstances will any party, without the prior written consent of the other parties, assign any of its rights, powers, duties or obligations under this Agreement to any other person or entity.  This Agreement will be binding upon and ensure to the benefit of the parties, and to each party’s successors, assigns, and the employees, agents, officers, and directors of each such party.  

Counterparts.  This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same agreement.  Facsimile, pdf, and similar electronic signatures will be treated as original signatures.

Jurisdiction; Venue; Governing Law.  The parties agree that the jurisdiction and venue of any action, proceeding, counterclaim, crossclaim, or other litigation relating to, involving, or resulting from the enforcement of this Agreement will be in the state courts of California.  This Agreement will be governed by, construed, and enforced in accordance with the law of the state of California.

Survival.  Each party’s obligations under this Agreement will commence on the Effective Date and continue and survive for all applicable statutes of limitations without any specific time limit. Notwithstanding any other provision of this Agreement to the contrary, this Agreement will be effective whether or not the Proposed Transaction or any actual agreed upon transaction between the parties, if applicable, is consummated or completed.  

Severability.  The validity or unenforceability of a particular provision of this Agreement will not affect the other provisions hereof, and the Agreement will be construed in all respects as if such invalid or unenforceable provisions were omitted.

 


First Interested Buyer Name

First Name*

Last Name*

Phone*
First Interested Buyer Age Acknowledgment*
First Interested Buyer Date of Birth*
I certify that I am 21 years of age or older
First Interested Buyer Questionnaire
Do you currently live in Southern California?*
No
Yes

Why does purchasing an Electric Bike Tour and Rental business interest you? *

Have you ever owned your own business before? If so, please describe. *
Will you require help with financing the purchase of this business?*
No
Yes
First Interested Buyer Signature*
Second Interested Buyer Name

First Name*

Last Name*
Second Interested Buyer Date of Birth*
Second Interested Buyer Questionnaire
Do you currently live in Southern California?*
No
Yes

Why does purchasing an Electric Bike Tour and Rental business interest you? *

Have you ever owned your own business before? If so, please describe. *
Will you require help with financing the purchase of this business?*
No
Yes
Third Interested Buyer Name

First Name*

Last Name*
Third Interested Buyer Date of Birth*
Third Interested Buyer Questionnaire
Do you currently live in Southern California?*
No
Yes

Why does purchasing an Electric Bike Tour and Rental business interest you? *

Have you ever owned your own business before? If so, please describe. *
Will you require help with financing the purchase of this business?*
No
Yes
Fourth Interested Buyer Name

First Name*

Last Name*
Fourth Interested Buyer Date of Birth*
Fourth Interested Buyer Questionnaire
Do you currently live in Southern California?*
No
Yes

Why does purchasing an Electric Bike Tour and Rental business interest you? *

Have you ever owned your own business before? If so, please describe. *
Will you require help with financing the purchase of this business?*
No
Yes
Fifth Interested Buyer Name

First Name*

Last Name*
Fifth Interested Buyer Date of Birth*
Fifth Interested Buyer Questionnaire
Do you currently live in Southern California?*
No
Yes

Why does purchasing an Electric Bike Tour and Rental business interest you? *

Have you ever owned your own business before? If so, please describe. *
Will you require help with financing the purchase of this business?*
No
Yes
Sixth Interested Buyer Name

First Name*

Last Name*
Sixth Interested Buyer Date of Birth*
Sixth Interested Buyer Questionnaire
Do you currently live in Southern California?*
No
Yes

Why does purchasing an Electric Bike Tour and Rental business interest you? *

Have you ever owned your own business before? If so, please describe. *
Will you require help with financing the purchase of this business?*
No
Yes
Seventh Interested Buyer Name

First Name*

Last Name*
Seventh Interested Buyer Date of Birth*
Seventh Interested Buyer Questionnaire
Do you currently live in Southern California?*
No
Yes

Why does purchasing an Electric Bike Tour and Rental business interest you? *

Have you ever owned your own business before? If so, please describe. *
Will you require help with financing the purchase of this business?*
No
Yes
Eighth Interested Buyer Name

First Name*

Last Name*
Eighth Interested Buyer Date of Birth*
Eighth Interested Buyer Questionnaire
Do you currently live in Southern California?*
No
Yes

Why does purchasing an Electric Bike Tour and Rental business interest you? *

Have you ever owned your own business before? If so, please describe. *
Will you require help with financing the purchase of this business?*
No
Yes
Ninth Interested Buyer Name

First Name*

Last Name*
Ninth Interested Buyer Date of Birth*
Ninth Interested Buyer Questionnaire
Do you currently live in Southern California?*
No
Yes

Why does purchasing an Electric Bike Tour and Rental business interest you? *

Have you ever owned your own business before? If so, please describe. *
Will you require help with financing the purchase of this business?*
No
Yes
Tenth Interested Buyer Name

First Name*

Last Name*
Tenth Interested Buyer Date of Birth*
Tenth Interested Buyer Questionnaire
Do you currently live in Southern California?*
No
Yes

Why does purchasing an Electric Bike Tour and Rental business interest you? *

Have you ever owned your own business before? If so, please describe. *
Will you require help with financing the purchase of this business?*
No
Yes
Parent or Guardian's Email Address

Email*

Confirm Email*
IN WITNESS WHEREOF, the parties agree to the foregoing terms and provisions of this Non-Disclosure Agreement as of the Effective Date.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 21 years of age or older
Parent or Guardian's Questionnaire
Do you currently live in Southern California?*
No
Yes

Why does purchasing an Electric Bike Tour and Rental business interest you? *

Have you ever owned your own business before? If so, please describe. *
Will you require help with financing the purchase of this business?*
No
Yes
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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