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Writing a Business Plan Confidentiality Statement

Free Confidentiality Statement Template (NDA)

Ayush Jalan

• December 12, 2023

Every company has a unique identity that sets it apart from its rival companies in the industry.  It is a combination of various aspects: The way you set your goals , your marketing strategy, your manufacturing process, or your entire business plan.

As crucial as it is to create a business plan that helps you stand out, it is perhaps just as crucial to protect your plan from any potential intellectual property theft. This is where a confidentiality statement for your business plan helps you safeguard your valuable assets.

A business plan confidentiality statement is a document that states that the information disclosed to the recipient can’t be disclosed to anyone outside the agreement. It is an agreement made between two parties before they enter a deal or exchange any sensitive information which is confidential.

Why Do You Need a Confidentiality Statement?

Even though trust is essential between partners or investors, there’s always a need to stay cautious while handing over your business plans. Even though the organization you plan to work with values confidentiality, everyone involved in it may not.

Your business plan is one of the most elaborate and classified documents. Before disclosing any information, the first and foremost thing is to sign a confidentiality statement. This will avoid the misuse of any information disclosed between the two parties.

How Does a Confidentiality Statement Protect You?

When a confidentiality statement is signed, it is agreed by both parties that they will not expose any of the information that is discussed or presented in the business plans. Additionally, the document should also mention the penalties in case of a violation of the agreement.

If the other party violates the statement of confidentiality, you can proceed legally and receive compensation for the damages you had to bear because of the violation. As per the contract, the compensation is paid.

The absence of a confidentiality statement is an invitation for others to use parts of your business plan. Although copyright laws can help you claim most of your information, some, still, stay unprotected.

Creating a Confidentiality Statement for the Business Plan

Most companies include a brief confidential statement on their business plan cover page. Although it is not a requirement, it delivers a quick message that the document is highly classified. Furthermore, it is essential to create an exclusive document.

To write a stringent confidentiality statement for your business plan, these are the elements that you must include:

1. Date of Effect

The date of effect is the date from which the confidentiality statement becomes active. An agreement is not valid until all the parties sign it; the date of effect follows this.

2. Parties Involved in the Agreement

It is crucial to specify the parties that will sign the agreement. If someone, you want as a part of the confidentiality statement, hasn’t signed it, they’re not bound by the clauses mentioned in the document.

For instance, two companies are getting into a contract, and the CEOs, representing the entire company, are signing the document, it is essential to mention that all employees are also bound by the agreement even when they haven’t signed it.

3. Agreement Terms

Describe and mention all the terms that both parties are agreeing to. This is a crucial part of the agreement and hence, requires confidentiality. Anything that isn’t included is not protected.

Here, you can also include that the recipient needs written consent from the disclosing party—the owner of the information, in case any information needs to be disclosed to a third party who isn’t a part of the statement of confidentiality.

4. The Non-Confidential part

Along with mentioning the confidential part of your business plan, you also mention the non-confidential part of the agreement. In most cases, there’s a lot of information that is acquired from other sources. This information won’t show under confidential.

Information relevant to the receiving party won’t list under confidential, some of these are:

• The information they owned before the agreement
• If they legally received it from another source
• The information they need to disclose in a lawsuit or administrative proceeding
• If they have developed or are developing the information.

5. Consequences in case of Agreement’s breach

Here, you mention all the legal consequences that will follow if the receiving party violates the agreement. This can include the procedure and the monetary penalties. According to the uniqueness of the information exposed, the compensation can vary.

6. Limits of the Usage of Information

The objective of a statement of confidentiality is to restrict the usage of the information that is disclosed to the recipient. Here, you mention the extent to which the information can be used. Also, specify the standard of security that needs to be followed while handling confidential information.

7. Date of Termination

Every agreement has an expiry date, after which both parties are free of the binding clauses. This termination date is set based on various factors like the end of the partnership , the end of a project or an event, or simply the end of the period mentioned in the agreement.

8. Miscellaneous Clauses

This part of the agreement is usually at the end of the document, which includes any other clauses that don’t necessarily fit into the above categories, but the owner of the information wants to include.

9. Signatures of all Parties

Clearly, this is the most important part of an agreement. Without the signatures of all the parties, the document is pointless and of no value. The agreement, as mentioned previously, can’t go into effect unless everyone involved signs it.

We have written a confidentiality statement example for you, including the above-mentioned elements. This will help you get a better understanding of how to write a confidentiality statement for your business plan.

Business Plan Confidentiality Statement Example (Key Points)

This BUSINESS PLAN NON-DISCLOSURE AGREEMENT (hereinafter known as the “Agreement”) between ______ (hereinafter known as the “Company”) and ________ (hereinafter known as the “Recipient”) becomes effective as of this ____ day of ____, 20___ (hereinafter known as the “Effective Date”).

Article III: Term

– The Recipient’s obligations of non-use and non-disclosure concerning Confidential Information will remain in effect in perpetuity. – The Recipient’s obligations of non-use and non-disclosure concerning Confidential Information will remain in effect for ____ years from the Effective Date.

Article VIII: Governing Law

This Agreement shall be governed by the laws of the State of ____________, without regard to conflict of law principles.

Article XII: Notices

Company’s Address ______________________________

Recipient’s Address ______________________________

Representative Signature: Date: Representative Printed Name: Representative Title:

Recipient Signature: Date: Recipient Printed Name:

Protect Your Information with a Confidentiality Statement

As a business owner, it is a duty to protect your ideas and marketing strategies . Create a confidentiality statement for your business plan and ensure that your business interests are safe and in good hands.

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About the Author

Ayush is a writer with an academic background in business and marketing. Being a tech-enthusiast, he likes to keep a sharp eye on the latest tech gadgets and innovations. When he's not working, you can find him writing poetry, gaming, playing the ukulele, catching up with friends, and indulging in creative philosophies.

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10 disclaimer examples.

Owning a business comes with risk, but you want to limit unnecessary risk wherever possible. A disclaimer is a simple statement that may dramatically impact your legal liability. Including one on your website footer, products, or client agreements can go a long way toward protecting your business. Here’s a guide to these statements.

What is a Disclaimer Statement?

A disclaimer is a statement that specifies or places limits on a business or individual’s legal liability. For example, a company’s disclaimer statement may state that they cannot be held responsible if their products or services are used without following instructions in the owner’s manual.

They can also be used to limit an individual’s liability when sharing tips or opinions. Some disclaimers are required by law, while others are just a good idea to prevent lawsuits or disputes. You can also create a funny email disclaimer if you don’t want to take yourself seriously.

How do I Write a Disclaimer?

Crafting a disclaimer requires a balance between clarity and comprehensiveness. A well-written disclaimer should clearly articulate the limitations of your liability and professional responsibilities. Here are key steps and tips to guide you in writing an effective disclaimer:

• Be Clear and Direct : Use simple and straightforward language to ensure that your disclaimer is easily understandable by your audience. Avoid legal jargon or complex terms that could confuse the reader.
• Specify Limitations : Clearly outline the specific limitations of your liability. For instance, if you’re providing advice, state that it shouldn’t be taken as a substitute for professional consultation. If selling products, clarify the scope of your responsibility regarding the use or misuse of those products.
• Be Comprehensive, Yet Concise : While it’s important to cover all necessary aspects, avoid making the disclaimer excessively lengthy. A concise, well-crafted disclaimer is more likely to be read and understood by your customers.
• Customize to Your Business : Generic disclaimers may not adequately cover the unique aspects of your business. Tailor your disclaimer to address the specific operations, products, or services you offer. This customization is particularly crucial if your business operates in a niche industry or provides specialized services.
• Use Disclaimer Generators as a Starting Point : Online disclaimer generator tools and templates can be a good starting point. However, it’s important to modify and adapt these generic templates to fit your specific business needs. Add or remove clauses to ensure that all aspects of your business are covered.
• Seek Legal Advice : Especially for businesses in highly regulated industries, or those dealing with complex liability issues, it’s advisable to seek legal counsel. A lawyer can help ensure that your disclaimer is legally sound and fully protective of your interests.
• Regular Updates : Keep your disclaimer up-to-date with changes in your business operations, products, services, and relevant laws. Regularly revisiting and updating your disclaimer ensures its continued effectiveness.

By following these guidelines, you can write a disclaimer that effectively minimizes legal risks, clarifies your liabilities, and aligns with your business’s operations and offerings. Remember, a well-crafted disclaimer is an integral part of your risk management strategy and contributes to building trust with your customers.

Customizing Your Disclaimer

Customizing Your Disclaimer is a critical step in ensuring that your disclaimer effectively addresses the specific risks and operations of your business. A one-size-fits-all approach is rarely sufficient. Tailor your disclaimer to reflect the unique aspects of your products, services, and customer interactions.

For instance, if your business operates online, include clauses relevant to online transactions, digital content, and user interactions. For a service-oriented business, focus on aspects like service outcomes, client responsibilities, and limitations of your professional advice. Review industry-specific legal requirements to ensure your disclaimer covers all necessary bases.

Types of Disclaimer

There are several types of disclaimers that are applicable to various individuals and businesses. When crafting your own, it helps to be specific in your searches. For example, search “trigger warning disclaimer examples,” “email disclaimer examples,” “product disclaimer examples,” or “views expressed disclaimer examples” instead of browsing through tons of generic templates.

Here are some of the most common types of disclaimers:

• Responsibility disclaimer
• Fair use disclaimer
• Past performance disclaimer
• Copyright disclaimer
• Warranty disclaimer
• Risk disclaimer
• Medical disclaimer
• Errors or omissions disclaimer

Legal Considerations for Disclaimers

Legal Considerations for Disclaimers should not be overlooked. While disclaimers are a vital tool for mitigating liability, their legal effectiveness can vary. Courts will consider the clarity, visibility, and reasonableness of a disclaimer when determining its enforceability.

Overly broad or hidden disclaimers might not hold up legally. This is particularly relevant in sectors with stringent regulations, like healthcare or finance.

Therefore, consulting with legal experts to draft or review your disclaimer is highly advisable. They can help ensure that your disclaimer is not only clear and fair but also compliant with current laws and regulations in your jurisdiction.

10 Disclaimer Statement Examples

The type of disclaimer you include on your website or other materials depends on your business and the type of liability you want to avoid. Here are some types of common disclaimers.

1. Testimonial Disclaimer

A testimonial disclaimer specifies that the experiences or results shared in a testimonial are not guaranteed. A disclaimer protects the business from unhappy clients who may believe they were promised certain results.

2. Affiliate Disclaimer

An affiliate disclaimer lets anyone using your website know that you may share links from affiliate companies. A disclaimer lets customers know that you earn a commission from these sales, allowing them to make informed buying decisions.

3. Trademark Disclaimer

Including trademarked product or brand names on your website or marketing materials may be misleading. A trademark disclaimer specifies that you are not affiliated with these other brands.

4. Copyright Disclaimer

A copyright disclaimer states that certain elements of a business, website, or other materials are protected by copyright. This may include things like photos or text within a website or app. It may also lay out how others can and cannot use these materials.

5. Views Expressed Disclaimer

A views expressed disclaimer is often used when an individual or group shares opinions within a forum associated with a business. Many organizations require or encourage employees to use these disclaimers when sharing views online.

6. Warranty Disclaimer

Warranty disclaimers state that a product or service, or any information provided by a company, is not protected by warranty.

7. Fair Use Disclaimer

U.S. law allows some copyrighted material to be used without permission if it is for education, criticism, or commentary. This type of disclaimer states your use of this material and specifies that you don’t have direct permission from the copyright owner.

8. Errors and Omissions Disclaimer

Those who share professional advice online may be vulnerable to errors and omissions lawsuits. These are especially common with things like legal advice or investment advice. These disclaimer types limit your liability if someone suffers damages due to your guidance.

9. Past Performance Disclaimer

If you share successes on your website, some could construe that as a guarantee. This disclaimer of liability states that you cannot guarantee those results.

10. Legal Disclaimer

Sharing legal advice online can open you up to lawsuits. This disclaimer states that your content is for general informational purposes so you cannot be held responsible.

Disclaimer Template

Every business needs a disclaimer to protect itself from potential liabilities and to set clear expectations for its users. While each disclaimer should be tailored to the specific business and its offerings, using a template can serve as a helpful starting point. Here’s a more comprehensive outline you can customize to suit your needs:

• General Information: The information provided on this website is intended for general informational purposes only. It should not be considered as professional advice or a substitute for seeking professional guidance.
• No Warranty: [Business name] makes no representation or warranty, express or implied, regarding the accuracy, completeness, reliability, or availability of the content on this site. The use of the information is at the user’s own risk.
• Not Financial, Legal, or Medical Advice: The content on this website does not constitute financial, legal, medical, or any other professional advice. Users should consult with the relevant professionals for specific advice related to their situation.
• Third-Party Links: This website may contain links to third-party websites or content. These links are provided for convenience only, and [Business name] does not endorse, warrant, or assume liability for the content or practices of these third-party sites.
• No Endorsement: The presence of any link or reference to a third-party website, product, or service does not imply an endorsement or recommendation by [Business name].
• No Guarantee of Results: [Business name] does not guarantee any specific results or outcomes based on the use of its products, services, or information provided on this website.
• Copyright and Intellectual Property: All content, including text, images, logos, and graphics, on this website is the property of [Business name] and is protected by applicable copyright and intellectual property laws.
• Changes and Updates: [Business name] may update, modify, or remove any information on this website without prior notice. It is the user’s responsibility to stay informed of any changes.
• Indemnification: By using this website, users agree to indemnify and hold harmless [Business name] from any claims, damages, losses, or liabilities arising from their use of the site.
• Governing Law: This disclaimer shall be governed by and construed in accordance with the laws of [your jurisdiction], and any disputes arising out of or in connection with this disclaimer shall be subject to the exclusive jurisdiction of the courts in [your jurisdiction].

Remember to review and customize this template according to your business’s specific needs and consult legal counsel if necessary to ensure it aligns with your operations and protects your interests appropriately.

Do I need a disclaimer?

Most businesses and websites can benefit from a disclaimer. They are especially useful if you include any copyrighted material or share professional advice or personal views.

Where do I put my disclaimer?

For a disclaimer to be legally viable, it must be visible to users. Many businesses put them in their website footer, a separate page, product pages, or in their terms and conditions agreement.

Updating Your Disclaimer

Updating Your Disclaimer is as important as creating it. Your business will evolve, laws will change, and new risks may emerge. Regularly review and update your disclaimer to reflect these changes. An outdated disclaimer may not offer the necessary legal protection.

A good practice is to review your disclaimer annually or whenever significant changes occur in your business model, product line, or regulatory environment. Involve legal counsel in this process to ensure that your disclaimer stays relevant and robust against emerging risks and legal shifts.

Navigating the business landscape inevitably involves managing various risks. For entrepreneurs keen on safeguarding their ventures, one key strategy is the effective use of disclaimers.

Far from being just simple statements, disclaimers serve as a crucial shield against legal liabilities and play a vital role in protecting your business’s interests.

This guide has delved into the essence of disclaimer statements, offering insights into their creation, customization, and the diverse types that cater to different business needs. The essence of a disclaimer lies in its ability to delineate the legal boundaries of a business or individual’s responsibilities.

Whether it’s stating non-liability for product misuse or setting clear parameters when offering advice, disclaimers help in pre-empting potential legal disputes and misunderstandings.

Crafting a disclaimer is not necessarily an overwhelming task. The objective is to be precise and succinct, explicitly demarcating your professional limitations and responsibilities.

While templates and generator tools offer a starting point, personalizing your disclaimer to fit your business’s unique context is key. This customization ensures that the disclaimer resonates with your specific operations and adequately addresses your liability concerns.

The range of disclaimers available is diverse, each designed to address specific legal aspects:

• Testimonial Disclaimers safeguard against expectations of guaranteed results based on customer testimonials.
• Affiliate Disclaimers maintain transparency about potential commissions on sales through affiliate links.
• Trademark Disclaimers clarify non-affiliation with mentioned trademarked products or brands.
• Copyright Disclaimers protect your intellectual property while stipulating usage rules for your content.
• Views Expressed Disclaimers dissociate personal opinions from organizational stances in professional contexts.
• Warranty Disclaimers state the absence of guarantees with your products or services.
• Fair Use Disclaimers align with copyright law for educational or critical uses of copyrighted material.
• Errors and Omissions Disclaimers limit liability for potential damages from professional advice.
• Past Performance Disclaimers clarify that historical successes don’t assure future results.
• Legal Disclaimers underscore that provided content is informational, not a substitute for professional advice.

Leveraging a disclaimer template is practical, but remember, the effectiveness of a disclaimer is significantly enhanced by tailoring it to your business’s unique operations. When in doubt, consulting with legal experts can ensure your disclaimer is not only comprehensive but also adheres to relevant laws and regulations.

In summary, integrating well-crafted disclaimers into your business practices is not just a legal formality; it’s a strategic move towards minimizing legal exposure and reinforcing the credibility and reliability of your business.

Image: Depositphotos

Explanation with examples is great. thanks

We are starting an indoor bowls club at our local village hall but not sure what to put into a disclaimer .Any help would be greatly appreciated thanks.Col Bradshaw

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How to Write a Legal Disclaimer for Your Business

Last Updated: August 31, 2023 Fact Checked

This article was co-authored by Jennifer Mueller, JD . Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. There are 14 references cited in this article, which can be found at the bottom of the page. This article has been fact-checked, ensuring the accuracy of any cited facts and confirming the authority of its sources. This article has been viewed 486,648 times.

Getting a legal disclaimer drafted for you can be expensive, especially for a small business owner or freelance worker. Luckily, you can learn how to write a legal disclaimer for your business on your own. A legal disclaimer is a statement intended to protect the services, information, and property (both physical and intellectual) of your business or organization. It limits the legal liability of the entity presenting the disclaimer and also protects the entity’s legal rights in its work. A disclaimer is typically a short paragraph. If you are not sure whether you have drafted a solid disclaimer, consult with an attorney.

Identifying Your Need for a Disclaimer

• Also the good provided may be both tangible and intangible. For example, you might sell paintings. A painting is both a tangible good (the canvas and paint) and an intangible good (the likeness depicted). If you created it, it also represents a service.

• Alternately, someone may rely on information you provide to their detriment. They might then want to turn around and sue you for “causing” their injury.
• Some people may also claim injury from words alone. If you write about people, those people could claim that you harmed them because the information was false and malicious. [2] X Research source Although defamation cases require the false statement to be untruthfully or negligently presented as a statement of fact, you don't want to give anyone even the possibility of a reason to try to bring a case against you. [3] X Research source
• You should also write a disclaimer if you run a social media page or website where others can leave comments, so that you cannot be held responsible for someone else's words.

• If you write, or create images or music, then you will want to assert your rights to that intellectual property. Although your copyright exists from the moment you create your intellectual property, you still want to bring that information to the attention of consumers. Registering your work creates a "paper trail" so that it is easier to prove that your property is yours. [6] X Trustworthy Source United States Copyright Office Part of the Library of Congress, responsible for maintaining copyright records Go to source

• Nevertheless, to protect yourself as much as possible you should still write a broad disclaimer. A customer reading a disclaimer may assume that he cannot sue you and therefore not pursue a case.

Writing the Disclaimer

• You should warn consumers of any dangers or hazards posed by your product. You should list specific risks while at the same time acknowledging that the list is not exhaustive. For example, you could write, “NOTICE OF RISK. This product [or service] can at times involve substantial risk of injury, property damage, and other dangers. Dangers peculiar to such activities include, but are not limited to, [list the dangers].” [8] X Research source
• You may want to limit the time period in which someone can return a product or seek a refund to avoid being held liable, for example, for normal wear-and-tear to the item. Be as specific as possible. For example, you might state, “We do not accept returns or exchanges after 30 days unless the item you purchased is defective. If you received a defective item, please contact us at [inset contact information] with details of the defect. You can send the item you consider defective to: [insert address].”

• You can attempt to protect yourself from liability for defamation by stating, “The information provided herein is the author’s opinion and provided for entertainment purposes only.” The key to protecting yourself is to make the reader aware that the post is opinion, not provable fact.
• If you are providing information, you might want to include a disclaimer as to its accuracy. Here is a disclaimer from the U.S. Department of the Interior: "While the Department of the Interior strives to make the information on this website as timely and accurate as possible, the department makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the contents of this site, and expressly disclaims liability for errors and omissions in the contents of this site." [9] X Research source
• You may also want to warn others against relying on the information. If you publish information about health and medicine, for example, you may want to include a long disclaimer, stating that you are not providing medical advice and encouraging readers to seek professional medical assistance.

• For example, if you own a gym, you would include in your disclaimer language that the customer acknowledges there are certain risks inherent in using exercise equipment and that the customer assumes all responsibility for her use of the equipment. [11] X Research source
• However, you should note that a disclaimer is not likely to protect you from liability if the injury is caused to your own negligence or your failure to maintain your equipment properly.

• For example, if you provide original content created by you, you might want to state: "All content is subject to copyright and may not be reproduced in any form without express written consent of the author."
• You should note that copyright in the US is a complex legal concept and is not unlimited. For example, the "fair use" doctrine allows others to use your content in certain circumstances and under certain conditions. [12] X Trustworthy Source United States Copyright Office Part of the Library of Congress, responsible for maintaining copyright records Go to source ]

• For example, if you run a wedding planning business, you could include in your disclaimer that you cannot be held responsible for the failure of contractors (decorators, musicians, etc.) to perform their duties.
• Your liability disclaimer can extend to include third parties such as subcontractors, if you desire.

• For example, if you sell computers, you could include in your terms and conditions that you are not responsible for damage to the computer if the customer does not use it appropriately.
• If you own a coffee shop with wi-fi, you could include that you do not collect personal information over wi-fi, but that others could possibly do so. By agreeing to those terms and conditions, the customer agrees to be responsible for any information sharing if she uses your wi-fi.

• Contact information also helps generate business. If someone wants to license your image, song, poetry, or essay, then providing contact information helps facilitate that. Include language about requesting permission to use material: “The contents of all material available on this website are copyrighted unless otherwise indicated. All rights are reserved and content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of [insert your name]. Requests for permission to reuse copyrighted content should be submitted to [your address].” [13] X Research source

• Cover all of your bases. Have your legal disclaimer on any paperwork that your customer might come across to guarantee that they see it.

Sample Disclaimer

Expert Q&A

• If desired, have customers agree to your terms of service before proceeding. Thanks Helpful 4 Not Helpful 0
• Have a lawyer proof your disclaimer if you are unsure of its content or completeness. Thanks Helpful 2 Not Helpful 0
• If you have no idea what possible rights you want to protect or lawsuits you want to avoid, then search online. Thanks Helpful 1 Not Helpful 1

• If your business or service has the potential for injury to your customers (such as skydiving), a disclaimer is not adequate. Binding liability contracts should be drafted by a legal professional. Thanks Helpful 3 Not Helpful 1
• If you are unsure about the legal liability of something that you want to write, consider not writing it. Thanks Helpful 1 Not Helpful 2
• A disclaimer does not guarantee your protection from liability in the case of legal action. A disclaimer, however, does provide notice. If the consumer then decides to assume the risk, you could be protected from liability. [15] X Research source Thanks Helpful 0 Not Helpful 0

You Might Also Like

• ↑ http://www.entrepreneur.com/article/191778
• ↑ http://articles.latimes.com/2010/aug/23/nation/la-na-blogger-suits-20100823
• ↑ http://www.nolo.com/legal-encyclopedia/defamation-libel-slander-key-elements-claim.html
• ↑ http://copyright.gov/help/faq/faq-general.html#what
• ↑ http://www.uspto.gov/trademarks-getting-started/trademark-basics
• ↑ http://www.legalmatch.com/law-library/article/automobile-mechanic-liability.html
• ↑ https://www.lawinsider.com/clause/risk-warning-notice
• ↑ http://www.doi.gov/disclaimer.cfm
• ↑ http://www.wisegeek.com/what-is-a-disclaimer-of-liability.htm
• ↑ http://disclaimertemplate.com/free-gym-disclaimer-example/
• ↑ http://copyright.gov/circs/circ01.pdf
• ↑ http://www.asha.org/sitehelp/copyright/
• ↑ http://www.adamsdrafting.com/all-capitals/
• ↑ http://www.bakerdonelson.com/the-sky-is-not-the-limit-limitation-of-liability-clauses-may-be-the-solution-to-cap-your-contractual-liability-05-10-2007/

About This Article

A legal disclaimer is a short paragraph that describes any possible risks your business or products could pose to customers. It’s meant to protect you and your business from any liabilities if things don’t go as planned. Before you write one, figure out what potential liabilities you have. For example, if you sell gym equipment, you could be held liable for a customer’s injury while using one of your products. Alternatively, if you sell vacation packages, you could be held liable if a customer gets lost or injured during the trip. Once you understand your liabilities, write your disclaimer by listing the potential risks of your product or service. You might say, “Notice of risk: This product can at times involve risk of injury, property damage, and other dangers.” Additionally, if your business involves third party contractors, you could say, “We cannot be held responsible for the failure of contractors to perform duties.” To read more sample legal disclaimers from our Lawyer co-author, scroll down! Did this summary help you? Yes No

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The scrap tire recycling industry has been around for many years, but uses for recycled scrap tire rubber are in the initial stage, as less than 20% of scrap tires are processed. Approximately 10% are incinerated, generally for power generation, although air quality issues are always a concern as scrap tires, like coal, are dirty fuel. Approximately 4% of our scrap tires are exported to other countries where the casings are used in retread plants or the used tires are sold as is. Currently about 2% are processed into crumb rubber and used in molded products and for modified rubberized asphalt applications, which provides a longer lasting and more durable asphalt surface.

Stockpiles of scrap tires create health problems as they become breeding grounds for rodents, snakes, and mosquitoes, and also are serious fire hazards. With approximately 250 million scrap tires being generated annually in the United States and the existing piles estimated at between 2-3 billion, this represents a serious problem.

ATP-Advanced Technology Pallets a Nevada Corporation (ATP), is proud to present its unique and patented product the RST-PAL Pallet, a new pallet made from recycled scrap tire rubber. The “RST-PAL Pallet” is strong, durable and reusable, providing an alternative to wooden pallets and the expense associated with replacing, repairing and discarding wooden pallets. RST-PAL Pallets might be serial numbered and bar-coded to insure tracking and retrieval so that they can be used over and over again for many years.

The inventor, Dan Radke, has assigned to ATP all patent rights (to the approved and issued patent USPTO # 08/680,476) to manufacture and market the RST-PAL pallets worldwide, in perpetuity.

OUR MISSION

To provide cost effective and durable pallets to all industries and manufacturing.

THE EXISTING PROBLEM

• Wood and plastic pallet life cycle is short and the cost is very high.
• Wood pallets break and need repair or replacement every one or two trips.
• Wood absorbs liquids, gains weight, breaks and splinters, and is difficult to clean.
• Industries demand more durable and long lasting pallets.
• Scrap tire stockpiles are an environmental hazard.
• Current pallets made of wood, are consuming over 3.5 million trees annually.

THE SOLUTION

• RST-PAL pallets are less costly to buy and maintain.
• RST-PAL pallets are more durable and indestructible.
• RST-PAL pallets can support 15 times the load of a similar wooden pallet.
• RST-PAL pallets are rackable, stackable, more durable and longer lasting.
• RST-PAL pallets are unique, made from recycled scrap tire rubber using a newly patented process that includes rubber, recycled plastics and a binder system.
• RST-PAL pallets are guaranteed for years.
• RST-PAL pallets have no competition worldwide.

TECHNOLOGY AND PROCESS

• The materials process and the manufacturing of pallets are based on an approved and issued patent (USPTO # 08/680,476).
• International (PCT) patent protection filed.
• Production line machinery is available and has been sourced.
• Raw materials are readily available and have been sourced.
• Flexible production line allows for building various pallet sizes, with high yield and quality.
• Product is production “ready”. All R&D and qualification complete.
• Process based on modular capacity that allows for quick manufacturing expansion.
• Factory is environmentally “clean” with no waste stream.
• Prototypes have been built, tested, and qualified.
• U.S. consumption of pallets is 800 million a year (National Wooden Pallet and Container Association, NWPCA).
• RST-PAL pallets have the lowest life cycle cost compared to wood, aluminum, and plastic.
• Global Pallets-leasing options available.
• Marketing to focus on both closed and open loop distribution systems.
• Worldwide markets and licensing opportunities (Internationally protected patents).
• U.S. Government Agencies and Contractors markets.
• U.S. government has mandated product replacement with recycled products first.

MARKET QUOTATIONS

• “Quality, reusable multi-trip pallets instead of poorly constructed single user pallets” is needed ASAP. (Reference: NWPCA)
• Contractors doing business with the government are required to purchase “environmentally friendly” and “recycled products” products first. (Reference: President Clinton Executive order)
• Prototypes were evaluated by different industries, including military and government agencies with positive feedback.
• Potential sales pending investment and production ramp up.
• Environmental incentives to certain markets (Government sub-contractors).
• All licenses, permits, governmental agencies acquired and in support of project.

PALLET COST COMPARISON – OVER FIVE YEARS

• Use of RST-PAL pallets demonstrates substantial savings, $22 for RST-PAL pallet vs. $133 for total cost for wooden pallet, over 5 years. (See Topic 4.2 and 4.3.1).

INVESTMENT REQUIRED AND USE OF FUNDS

• $6M investment for 35% ownership estimated to reach profitability within 12-18 months.
• From the second year forward, 50% of the net profit after tax will be distributed as dividends to the shareholders (as long as it will not affect the planned expansion). The other 50% will be dedicated to growth.
• Funds raised will be used for plant setup, operations, equipment, marketing and sales.

First year operation with two production lines is expected to produce 1,137,000 units, with a projected net profit of over $8 million.

INVESTOR DISCUSSION

• Projections reflect the return of the original investment in less than two years.
• Approximately six times valuation, based on discounting of five years of net earnings to present value.
• Present Value of five years of projected net earnings at a 25% discount (incl. risk factor) is $98 million.
• Reaching less than 1% of the market share with five plants within five years.
• Projected revenue of approximately $402 million.
• Projected net profit (before taxes) of approximately $178 million.
• Management Team – Strong and professional with highly specialized consultants.
• Exit Strategy alternatives:  (a) IPO after two years;  (b) Acquisition;  (c) Private ownership with a long horizon of profits.

RST-PAL Pallets  —  MANUFACTURED FROM RECYCLED SCRAP TIRE RUBBER

HELPING TO CLEAN UP AMERICA’S SCRAP TIRES

1.1 Mission

ATP is a manufacturing and marketing company dedicated to providing to all industries cost effective and durable pallets made from recycled scrap tires. The manufacturing process and the product are patent protected worldwide with no existing competition.

Pallet users, both manufacturers of commodities and industries that use pallets for their main distribution, demand a more durable and longer lasting pallet to replace wooden pallets that require constant repairing, replacing and discarding. The National Wooden Pallet and Container Association states that a wooden pallet gives service for only one to two trips before having to be repaired or replaced. Because of the short life cycle of wood (and plastic) pallets, pallet users are forced to purchase pallets more often.

Scrap tire stockpiles throughout the United States represent dangerous environmental hazards as they are breeding grounds for mosquitoes, rodents, and snakes, and create potential hazards for fires, which are extremely dangerous and expensive to extinguish.

ATP will reduce scrap tire stockpiles hazards and will help to conserve some of the 3.5 million trees harvested each year to manufacture wooden pallets. ATP will locate its manufacturing plants in rural towns, near large metropolitan areas, where employment is needed the most.

ATP will earn profits and provide excellent return to its investors while at the same time financing an aggressive growth of the company to increase production each year. ATP will also maintain a friendly, fair, and creative work environment, which respects diversity, product improvement, and hard work.

1.2 Objectives

• To establish two production lines at the first plant in Stamford, Texas in order to produce 1.2 million pallets annually, with projected net income (before taxes) in excess of $8 million.
• To expand production annually by opening a plant with two additional lines of production each year for years two through five.
• Achieve targeted market share of 0.15% in the first production year to 0.75% by the end of year five. (800 million pallets are manufactured and sold annually in the U.S.)
• First year projected market share of 0.15% is expected to bring net profits of $8 million (before taxes), and 0.75% of the market share in year five is projected to bring net profits of $66 million. Accumulated profits (before taxes) are projected to be $173 million for the first five years of production.
• ATP will take advantage of the acute need for solutions to America’s scrap tire problems, and establish plants in different locations where scrap tires are abundantly available, while taking advantage of benefits and subsidies offered by different State Government programs for the remediation of scrap tires.
• Develop foreign markets, through licensing agreements, especially in Europe and the Far East, where similar acute problems of scrap tires exist.

1.3 Keys to Success

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• An existing pallet market in the U.S. of over 800 million pallets sold annually. It is estimated that approximately 60% are hardwood pallets; these users are ATP’s targeted customers.
• RST-PAL pallets have the lowest life cycle costs compared to wooden or plastic pallets.
• RST-PAL pallets are patent protected, are durable and virtually indestructible, and can carry in excess of 15 times the load of wooden pallets.
• Pallets are a well-known, necessary and established product; therefore there is no need to penetrate the market with a totally new product. In fact, RST-PAL pallets are not a new product at all, but are far superior, durable and longer lasting than anything comparable in the market place. The advertising and marketing costs will remain low as the RST-PAL pallets are introduced to pallet users through trade shows and conventions, with ATP’s sales representatives located in targeted marketing regions. The first targeted marketing region is Dallas/Fort Worth, Texas, near the first plant in Stamford, Texas.
• The U.S. government has mandated, through an executive order, a “buy recycled first” for all government agencies and contractors, including the Department of Defense and Department of Transportation. ATP will target federal and state agencies to market RST-PAL pallets.

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A.T.P.-Advanced Technology Pallets (ATP) a Nevada Corporation was formed to create a joint venture with the participation of the new investors and the current owners: RST Manufacturing LLC and Elie Banensohn, ATP’s Vice President.

ATP will manufacture and market worldwide the RST-PAL Pallet, made from a patent protected new material that includes the use of recycled scrap tire rubber. The pallet will be an affordable alternative to the high cost of purchasing, repairing, replacing, and discarding wooden pallets. Pallet users purchasing RST-PAL pallets will realize substantial savings in their pallet costs.

ATP is a new entity with RST Manufacturing LLC, becoming a shareholder. RST Manufacturing has invested in excess of $1 million to date, to complete research and development, prototypes, and pre-production marketing of the pallets. Plant property in Stamford, Texas, initial machinery, materials and supplies were purchased to bring the project to where it is today so that we can move into production and marketing of the RST-PAL Pallets through ATP. RST will transfer all assets to ATP. These efforts include the issuance of USPTO #08/680,476 in July 2002, a Utility Patent that will protect the unique material, and the product, RST-PAL Pallets.

All patent rights to manufacture and market the RST-PAL Pallets worldwide, are assigned in perpetuity to ATP by the inventor and ATP’s president, Dan Radke.

The Company’s was formed as a Standard C Corporation under the laws of the State of Nevada. The principal offices are presently located in Las Vegas, NV.

2.1 Company Ownership

Upon completion of the offering ATP a Nevada Corporation, will be owned by:

• The new investors (up to) – 35%

ATP is offering 35% of its shares to raise $6 million as additional capital needed for starting the first plant (with two production lines), in Stamford, Texas. ATP National Headquarters is in Las Vegas, Nevada and sales representatives will be positioned in targeted marketing areas.

The majority owner of RST Manufacturing LLC, is the inventor of the new material and the RST-PAL pallet, Mr. Dan R. Radke,  the President of ATP.

The inventor, Dan Radke, has assigned all patent rights to ATP to manufacture and market the RST-PAL pallets worldwide in perpetuity.

2.2 Start-up Summary

The following summary table shows the projected start-up costs during the seven months needed to get into production. It includes the supply of specific machinery and equipment needed for the production lines. The start-up costs are to be financed by the money raised through this Private Placement Memorandum Offer.

The funds sought for opening the plant with two production lines is $6 million with projected net profits, in the first year of over $7 million. Alternatively, as a minimum plan, we could open with one line of production with funds of $4 million. In this case, the projected net profit, in the first year is over $3 million. In either case, about $750,000 will be available as working capital for the first six months of operations (after the plant is in production).

Management expects to begin production in approximately 180-200 days from funding as detailed in the Start-Up table.

ATP’s product – the RST-PAL pallet is a unique and revolutionary pallet made from a new, patent protected, material of recycled scrap tires, a small amount of recycled plastic and a bonding process. The function specifications of our pallets are identical to the existing wooden pallets (e.g. sizes, four ways entry, upper deck coverage etc.) except that RST-PAL pallets are much more durable and longer lasting which makes penetration into the existing markets less difficult. The patented process and product gives our RST-PAL pallets the following advantages over the existing pallets:

• RST-PAL pallets carry 15 times the load of a similar wood pallet.
• RST-PAL pallets are rackable, stackable, and longer lasting than wooden pallets.
• RST-PAL pallets do not absorb liquids and are easy to clean.
• RST-PAL pallets have NO competition.
• RST-PAL pallets are environmentally friendly and are, themselves, a recyclable product.
• RST-PAL pallets are made of recycled scrap tire rubber material using a newly patented process which includes rubber, recycled plastics, and a binder system.

It is a rare occasion when a company can make a significant contribution to our environment as well as create an important long awaited product that will provide substantial cost savings for its users and allow them the opportunity to use and promote environmentally friendly, recycled products.

According to the National Wooden Pallet Container Association (NWPCA), its Strategic Planning Committee suggests that its members educate pallet users toward using higher quality, reusable multi-trip pallets instead of cheaper single use pallets. From a list of 62 potential threats to the wooden pallet industry, the committee chose lumber supply/raw material availability as the top threat. Other top threats identified by the committee include frozen thinking on the part of the industry, demonstrated by an unwillingness to recognize or adapt to the new realities of the marketplace, and environmentalists, a threat recently demonstrated by the draft Executive Order which would have banned wood pallets from use by the Federal Government.

A Clinton Administration Executive Order entitled “Federal Recycling, Acquisition and Use of Environmentally Preferable Products and Services” requires government agencies and those doing business under government contract to begin using “environmentally preferable” products made from recycled materials.

Paul Evanko, principal and vice president, St. Orge Company, York, PA, stated, “Pallets must adhere to a high quality standard”. “Poor quality pallets carry a hidden cost beyond the price paid and customers should be encouraged to purchase the best quality they can”. “Alternative materials including plastic, recycled and composite materials will emerge and pallet users will seek these pallets because of limited storage space, efficient handling weight and full four-way entry,” Evanko contends. “Wood will still be predominant,” Evanko said, “but there is a niche for alternative materials in the distribution flows”.

The Earth Works Group, Berkeley, CA states; “U.S. companies could be spending up to $1.75 billion dollars a year just to throw wooden pallets into landfills”. The Pallet Container Research Laboratory at Virginia Polytechnic Institute and State University, Blacksburg, VA states “calculations show the annual wooden pallet production in the U.S. is using in excess of 3.5 million trees”.

3.1 Innovative Technology

Background  (*) A major technological obstacle, which the recycled rubber market must overcome, is the nature of the rubber itself. Rubber used in the manufacturing of tires is vulcanized (rubber + sulfur) combined in the presence of heat and thermo set (formed into shape by steam and pressure – also referred to as a “cured” product). To date, no technology has been able to devulcanize rubber (break the carbon-sulfur bonds).

As such, thermo set rubber cannot chemically bond with any other polymer (rubber or plastic) to a degree anywhere approaching the uncured rubber. If, however current research is able to remove this obstacle, a very significant market will be opened.

 (*) Scrap Tire Management Council, 1400 K Street, Washington, D.C.

Current usage Today’s usage of scrap tire rubber reaches about 7% of the annually accumulated scrap tires. Each year, about 250 million scrap tires accumulate throughout the U.S. This quantity of tires represents 3.75 billion pounds of crumb rubber from which only 262 million pounds (7%) are recycled and another 187 million pounds (5%) are used as tire derived fuel (TDF), which is a dirty fuel like coal, and requires strict EPA controls, is only being burned in a few states.

According to the Scrap Tire Management Council there were seven markets listed for recycled scrap tire rubber. These markets without exception utilize crumb rubber with all of the steel, wire, and textile removed, as an additive to rubber-modified asphalt (25%); pneumatic tires (25%); athletic fields (20%); bound rubber products (15%); friction material (5%); molded rubber products (5%); and molded rubber/plastic products (5%).

The new technology and the patent Mr. Dan Radke has overcome the obstacle mentioned in the article, (para.1) above. Mr. Radke’s invention of this “unique new material” through formulation and different particle sized recycled scrap tire rubber has created a tough, durable, hard and rigid material from which RST-PAL pallets are manufactured. The process is absolutely unique as proven by the issue of the utility patent protecting the pallet and process of making thereof. This unique and strong material and the usage of it for making pallets will save pallet users throughout the world millions of dollars annually in costs associated with purchasing, repairing, replacing and discarding broken wooden pallets.

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U.S. yearly consumption of pallets is 800 million a year, costing over $10 billion (according to National Wooden Pallet and Container Association). Our first market will be a 200 miles radius area around Dallas/Fort Worth in which the yearly consumption is 60 million pallets. Our markets for the RST-PAL pallets are all industries and users of pallets. About 300 interested users for our RST-PAL pallets (each of them buying over 100,000 pallets/yr) were contacted.

• RST-PAL pallets have the lowest life cycle cost compared to hard wood and plastic.
• Global Pallets leasing.
• Closed and open loop systems.
• Worldwide markets and licensing opportunities (Internationally patent protection filed).
• U.S. Defense and Transportation Departments market. U.S. government has mandated product replacement with recycled products.

ATP’s target in the first year is to produce 1.14 million pallets with two lines of production (constitutes 0.15% of the market), reach sales of $22 million, and ATP projects to earn profits of over $8 million (before tax).

The growth projection for the next five years is to add a new plant with two lines each year, reaching production in excess of six million pallets by the fifth year, (0.75% of the market), with sales projected at $143 million and profits before taxes of over $66 million.

4.1 Market Segmentation

Due to the fact that ATP’s projected plan is to open a new plant each year over the next five years, and to capture 0.15% to 0.75% of the U.S. pallet market, our main growth problem will be the limited abilities to supply the potential demand. Although we segmented the market into six groups we cannot indicate the percentage of growth for each segment, as the growth is not linear. The percentage represents our relative emphasis of this segment.

Yearly Pallet Users – Potential Customers

Total: Five year production =18,410,112. % of the pallet market =0.46

4.2 Target Market Segment Strategy

The following table demonstrates the cost savings that will be realized when a company converts its wooden pallet inventory to RST-PAL pallets.

Currently new hardwood pallets, (example: 40″x48″, four-way entry, 80% top deck coverage) are sold from $12 to $24 per pallet depending on the geographical area where you are purchasing your pallets, and the always fluctuating cost of hardwood. For the purpose of this chart we show the lowest price for large quantities of hardwood pallets at $10.

CHEP Pallet, Inc., the largest pallet leasing company in the world currently pays $23.50 to construct its pallets. 

A pallet user of 100,000 new pallets per year will be saving over $3 million within 5 years using our RST-PAL pallets.

The table demonstrates that big users will realize huge savings. For example, one poultry processing plant that purchases one million pallets per year (about the production of one ATP plant) will realize savings of over $31 million within five years which will encourage them to convert their wooden pallet inventory to RST-PAL pallets.

4.2.1 Sample of Advertisment Content

RST-PAL PALLETS

COMING SOON

THE NEW SOLUTION TO COSTLY

REPAIRS AND REPLACEMENT OF

WOODEN PALLETS

RST-PAL pallets are not affected by heat or cold. Won’t rot, split or mildew STRONG & IMPACT RESISTANT, No more rusty nails, splinters, broken boards and runners RST-PAL PALLETS are 100% Recyclable, made from post consumer waste. No disposal costs

RST-PAL pallets, offering a new solution to an old problem

• RST-PAL pallets made from new tough materials = virtually indestructible.
• RST-PAL pallets are tougher, longer lasting pallets.
• Many years of repeated usage make RST-PAL pallets the best buy.
• Close your pallet repair facilities, our pallets don’t break.
• Stronger and more durable than wood or plastic.
• Easily trackable with bar coding or electronic chip.

RECYCLE / RE-USE of RST-PAL pallets represents a great innovation to the pallet industry with a major cost savings.

RST-PAL pallets address important environmental issues; help clean up America’s growing scrap tire problem and conserve valuable timber resources by using old tires to transport America’s commodities to consumers.

4.3 Industry Analysis

The pallet industry’s computation of the cost of a pallet includes the costs of production, maintenance and repairs, and discarding of the broken pallet. In the last decade, materials other than wood were introduced to the pallet industry like plastic, metal and corrugated cardboard, but still over 90% remain wood.

More than eight hundred million wooden pallets are constructed each year in the U.S., according to the National Wooden Pallet and Container Association (NWPCA). Most wooden pallets must be replaced or repaired after only one to two trips. It is estimated that over 3.5 million trees are used each year for pallet production, and most of these pallets end up in landfills, burned, or composted.

For years pallet users have been asking NWPCA members to build stronger and more durable pallets that would last longer, but nothing has changed. Pallet manufacturers favor the ongoing replacement prevalent in the industry.  

The Recycled Scrap Tire industry generates more than two hundred fifty million scrap tires annually in the United States, one scrap tire for every American. These scrap tires are piling up, adding to the existing stockpile of an estimated two to three billion scrap tires located across the nation causing dangerous environmental hazards. Most states have adopted emergency scrap tire programs to help solve the growing problem of accumulations of scrap tires. The state of Texas has a scrap tire program; collecting and processing more than two hundred thousand tons of scrap tire rubber annually. Currently Texas has more than three million tons of shredded scrap tire rubber on the ground, available to end-users.

ATP with its RST-PAL pallet product will utilize Texas’ scrap tires to manufacture pallets at its first plant in Stamford, TX. The RST-PAL pallets will provide tough and durable pallets to pallet users while helping clean up the scrap tire problem.

ATP’s patented material and the manufacturing process to make pallets from scrap tires is the ultimate solution to the problems presented above:  a) stronger and more durable pallets;  b) reducing scrap tire stockpiles;  c) saving trees. The use of  RST-PAL pallets provides an excellent cost effective price, competitive to hardwood pallet prices.

The table in Topic 4.2 demonstrates the savings for a pallet user that purchases 100,000 pallets annually, when converting from wood to RST-PAL pallets. It shows savings over a five year period of more than $3 million. This saving comes on top of other benefits of using the RST-PAL pallets including: more durable and indestructible, carries 15 times the load of wooden pallets, rackable and stackable, will not absorb liquids (can be stored outside), and guaranteed for years. ATP’s first plant is located in Stamford, Texas, a rural community that is badly in need of economic development and new jobs. Stamford is approximately 150 miles from our first targeted marketing area the Dallas/Ft.Worth Metroplex.

4.3.1 Competition and Buying Patterns

There is NO direct competition to RST-PAL pallets and no similar pallets exist today. The inventor, Dan Radke, has granted, in perpetuity, to ATP Corp the sole rights of utilizing the patent worldwide. This patent (USPTO # 08/680,476) gives very wide protection to the revolutionary invention of special material and to the process of making pallets.

The “competition” comes from pallets made of other materials like wood and plastic. Pallet users that use hardwood pallets do not use pallets made of corrugated cardboard. The table below demonstrates the cost comparison among the different pallets:

PALLET COST COMPARISONS – OVER 5 YEARS (in USD)

(*) Six repairs per year costing $4 each x 5 years.

The table clearly shows that costs over five years of the hardwood pallet is almost ten times that of RST-PAL pallets. In addition to the savings, there are other advantages such as the guarantee, no need to repair, can be stored outside (no liquids are absorbed), washable (important in the food industry), rackable and stackable, strong and indestructible. Bar-coding and electronic chips can be molded into the pallet to allow for specific inventory information regarding what is loaded on the pallet and for tracking.

There is no competition to RST-PAL pallets. There is no competitor making pallets from recycled rubber. ATP anticipates that our limited production will cause our five years expansion plan to be revised in order to meet the demand. Our first plant is expected to produce approximately 1.14 million pallets in the first year and 1.23 million from the second year forward. While the market for pallets is in excess of 800 million annually, ATP expects to capture about 0.15% of the market in the first year, and 0.75% after five years to meet our projections. This takes a great part of the risk out of the project.

ATP has already explored opening a subsidiary company that will lease or lease to own pallets to companies. This will enable ATP to compete with CHEP Pallet Corporation, which leases wooden pallets. CHEP has about 300 branches in the U.S. and also operates in foreign countries. Leasing RST-PAL pallets would be very profitable, as our pallets do not require repairs.

Strategy and Implementation Summary

Due to the increased lifecycle and interchangeability of the RST-PAL pallets with existing wooden pallets, ATP’s customers derive value from utilizing these innovative products in a number of ways. First and foremost, using and replacing the user’s wooden pallet inventory with RST-PAL pallets eliminates ongoing maintenance and replacement costs.

Another value is the longevity RST-PAL pallets offer. RST-PAL pallets have the longest life-cycle regardless of hot, cold, or wet climates or in environments where maintenance is difficult. RST-PAL Pallets will not rot, which is a common problem for wooden pallets.

RST-PAL pallets are manufactured from recycled materials mainly scrap automotive tires. Each 1,000 pallets use 25 tons of scrap tires from landfills, (31,000 tons or 62,000 pounds per plant per year).

RST-PAL pallets will help save hardwood forests currently used to manufacture wooden pallets, reduce greenhouse gases, use significant amounts of waste plastics and scrap tires from landfills and storage facilities, and reduce pallet users costs while increasing profits.

5.1 Competitive Edge

ATP’s most important competitive edge is based on the unique and patented material used to manufacture the RST-PAL pallets. The process, the unique material, and the use of the material to manufacture pallets are protected by the issued utility patent that will prevent duplication or “copycat” competition.

RST-PAL pallets are manufactured from recycled scrap tires. Federal law and most State Governments require agencies and contractors to purchase recycled products first, as mandated by “buy recycled products first”. ATP has already presented RST-PAL pallets to the Army, Air Force Exchange System, (AAFES) located in Texas and throughout the Pacific Rim, and AAFES is interested in purchasing pallets, which will increase their pallet lifecycle, which in the long run is less costly than wooden pallets. We will focus on different government agencies including the Department of Defense and Department of Transportation to introduce and market RST-PAL pallets.

RST-PAL pallets can be power washed or steam cleaned which is a critical factor in the food industry, such as in poultry and meat processing plants, which must maintain sanitized production areas. RST-PAL pallets do not absorb liquids as wooden pallets and they can be stored outside without occupying expensive indoor space.

The RST-PAL pallets are a “triple green” product. They are manufactured from recycled materials, and can be recycled in the event they ever wear out, and they will help conserve our nation’s forests while helping clean up America’s scrap tire problems.

The RST-PAL pallets will be the best cost/performance pallets in the market. The summary of advantages that our pallets have in comparison to existing material pallets such as hardwood, plastic, corrugated cardboard, and aluminum, are:

• An electronic chip for pallet identification and load identification will be available with RST-PAL pallets, and this can be done because of the strength and rigidity of the pallet, which is practically indestructible.

5.2 Marketing Strategy

The RST-PAL pallet is positioned uniquely as all industries and manufacturers use pallets to transport everything from commodities to equipment and parts. The main segmentation among the users is found in how they use pallets. The Power industry uses in excess of twenty million pallets annually, government owned poultry processing plants use more than ten million pallets annually, 3M Corporation purchased seven million pallets in one year alone, and the beverage industry uses in excess of fifty million pallets annually. There are also thousands of companies using anywhere from hundreds of thousands to millions of pallets annually including, chemical companies, bag cement, building materials, grocery, paint companies, and many others.

Our first targeted customers are those that use a “closed loop” distribution system, where they manufacture and/or distribute products using their own fleet, where loaded pallets can be dropped and returned when unloaded, to be utilized over and over again. We also will target government entities, agencies, and contractors both Federal and State.

Our marketing strategy is based on informing and introducing the RST-PAL pallet to pallet buyers across the country and in different industries. We can accomplish this at a rapid pace by showcasing the pallets at selected trade shows and conventions. Samples will be available as well as brochures and videotapes explaining the benefits of the RST-PAL pallet. Our first targeted marketing territory will be the Dallas/Ft.Worth Metroplex, concentrating on those companies using a “closed loop” system for distribution.

The marketing will convey the advantages, benefits and the quality of our product in every picture, every promotion, and every publication. Pallet users have been screaming for years for the wooden pallet industry to make a longer lasting more durable pallet, but their request has fallen on deaf ears, as the pallet builders would rather build a less sturdy pallet so that it will fail after only a few trips, requiring the customer to purchase more pallets. The RST-PAL pallet is a solution to the high cost of purchasing, maintaining and discarding wooden pallets. Our marketing efforts will not only focus on educating purchasing agents of companies, but also in making presentations to company board of directors, demonstrating the cost savings and benefits of using RST-PAL pallets. As was shown in a previous example, a company purchasing 100,000 pallets per year when converting to RST-PAL pallets will save in excess of $3 million over five years. With such convincing statistics, we anticipate universal acceptance of RST-PAL pallets.

5.3 Sales Strategy

As stated, ATP will sell pallets as they are manufactured. Pre-production marketing efforts have been on going for the last year. We have established a sales plan, however our production will dictate how quickly our sales team will expand. One company we have contacted expects to purchase 22 million pallets during the next two years. If we were to capture a large contract, our production schedule would be sold out for a number of years. Another sales company that markets products exclusively to the power industry, would like to have an exclusive to sell our pallets to power companies, and they estimate they can sell a minimum of 1.2 million pallets annually. We have approached many companies on the benefits of using RST-PAL pallets, including; 3-M Corporation, Coca-Cola, Pepsi, Snapple, Anhauser Busch, Hunts Wesson, Kraft Foods, S.E. Rycoff, Albertsons, Kroger Foods, Associated Foods, H.E.B. Foods, Purina Pet Foods, manufacturers of charcoal briquettes, flour and cereal mills, salt processors, building materials, including bagged sand and cement, plaster and even chemical companies.

Our concept is to introduce the RST-PAL pallets to many industries, and ATP will do that from our National Marketing Headquarters in Las Vegas, Nevada. The Las Vegas Visitors and Convention Authority will provide a great arena in which to showcase and demonstrate the RST-PAL pallets, as virtually every important convention and trade show now meets in Las Vegas.

This business plan calls for the company to grow itself. The Texas plant will be the first, and we expect new plants to be opened in years two, three, four and five. Some future plant site work has been completed, however we will locate the plants in States with positive scrap tire programs, some of which may provide subsidies for using scrap tire rubber to manufacture new products. In addition, our company policy will be to establish plants near massive scrap tire piles, and in rural communities where a good labor force exists but jobs are not plentiful and economic development will benefit the community.

ATP Corp. is the worldwide licensee to manufacture and market pallets. We have already had several foreign entities show interest in either becoming distributors or manufacturers through a foreign license arrangement. We have held discussions with a group from China, Japan, Taiwan and South Africa and are in contact with a group in Spain that is interested in our technology.

It is our intent to move our Stamford, TX plant into full production, and utilize the same team of key employees and consultants to open new plants over the next five years. Whereas our Business Plan provides for future plants being financed internally from company profits, additional capital can be raised through the licensing of foreign companies wishing to manufacture and market pallets in those countries.

5.3.1 Sales Forecast

Our sales forecast is based on the following assumptions. We expect our production will be sold as soon as it is ready, as the forecasted production is much less than the anticipated demand. Our product is not seasonal and will be continually manufactured throughout the year. We will operate in three shifts (except during training in first two months).

Our sales force will start taking orders sixty days prior to production. The initial selling price is low in order to introduce the pallets to many different manufacturers and industries. However we expect to raise prices at the rate of 5% per year (which is less than the rate of increase of the wooden pallets).

Regarding the “direct cost of sales” (COG), we assume the costs of materials will remain the same for us, due to discounts we will receive for the quantities of materials that we consume which should offset rising costs. We can also reduce our costs by doing some manufacturing processes ourselves, such as mixing and batching the binders at our plant, and by cutting the scrap tire rubber from chips to our required specifications.

We’ve calculated production labor costs, including salaries, taxes, and benefits to be $1.31 per pallet. The break down of production personnel is presented in the Personnel table, Production Personnel category, and the resultant figures appear in the Profit and Loss table under Sales, Production Payroll.

The Sales Forecast table for the first 12 months appears in the appendix.

5.3.2 Pallet Users

PALLET USERS, Dallas / FT. Worth Area ANNUAL PALLET USAGE.   The following list of pallet users was contacted and the new  RST-PAL Pallet was introduced to each user, receiving excellent interest. Another 22 users were also visited. The Total yearly estimated usage of pallets in the DFW area is 60 million.

PALLET USERS, HOUSTON Area

5.4 Milestones

The following table lists important project milestones during the pre-production start-up period, with dates and managers in charge, and budgets for each milestone. The milestone schedule indicates our emphasis on planning for implementation.

The production schedule is based on three shifts. During the first month only one shift will be in operation, in the second month, two shifts, and from the third month, a full three shifts of production. During the start-up period, the employees will be located and trained.

The municipality of Stamford, Texas will assist us in recruiting about seventy employees. There is an adequate work force within the surrounding communities, which will enable us to choose quality people.

Management Summary management summary will include information about who's on your team and why they're the right people for the job, as well as your future hiring plans.">

THE MANAGEMENT TEAM ATP’s management team and its consultants are qualified professionals with vast experience with plant installation and operations, purchasing and marketing. ATP’s consultants will be employed during the start-up period (see Start-up table). ATP welcomes any additional person from our investor’s group that can contribute to the success of the company.

Dan R. Radke, President:    SUMMARY OF QUALIFICATIONS

• Dan Radke, the inventor of the unique material for making the RST-PAL Pallets, has been involved in scrap tire recycling issues for ten years by offering his expertise to government agencies, municipalities, individuals and companies wishing to enter the emerging scrap tire recycling industry, Radke has earned a reputation for his knowledge of the scrap tire industry. Assisted States, Counties and Municipalities to remediate scrap tire problems. Contributed to California Integrated Waste Management Board to develop rules, regulations and guidelines for the States scrap tire program.
• Process, technology inventor, business owner and manager, sales, marketing, production line machinery and equipment, business operations, training and management
• More than 30 years owning and operating start-up companies.
• Three years, international business transactions, as a consultant bringing American Companies to Eastern Europe, primarily Hungary to form U.S./Hungarian Joint Ventures.
• Authored the Hungarian Small Business Foundation to establish loan guarantees for privatization and start up Hungarian Small Businesses, working directly with the Hungarian Banks and Government.

Eliezer Banensohn, Vice President:     SUMMARY OF QUALIFICATIONS

• Aeronautical Engineer – B.Sc. degree. Experience in R & D for new products.
• 12 years extensive experience as an expert in marketing of new and revolutionary products in new markets.
• Eight years experience as a specialist in putting up new franchise organizations and licensing operations.
• Won prizes for best business in South-Africa and Argentina (as VP Marketing & Engineering).
• Participated, in engineering capacity, in the development and marketing of revolutionary advanced building system – “Domecrete” in many countries worldwide.
• Participated, in engineering capacity, in the development of Hi-Tech product (Baby-Sense S.I.D.S. detector, medical industry).
• Plant design and Manufacturing experience in plastic, rubber, and metal products, injection molds and machinery. Inventor and patent owner for the product “non-electrical hand operated washing machine”.
• 25 years experience as computer software and hardware analyst.
• 15 years experience in marketing software and hardware computer systems.
• Owned several computer service bureaus using IBM mainframe

Shayne Del Cohen, (Consultant) Public Relations, Government Affairs

• Business and economic development, government relations, grant writing, bid preparation, business trade representations, lobbying, employee relations, training and staff planning.

Gene Pitzer, (Consultant) Machinery & Equipment Acquisitions

• Contract acquisition for machinery and equipment for Stamford, Texas plant, 25 years experience, retired No.1 tool and die manager for General Motors, Owner; Tool Consulting Corporation, developed tire recycling machinery.

Steven Garbukas, (Consultant) Chemical, Epoxy Binder Systems Acquisitions

• Contract acquisition for all special binder systems developed by Dan Radke and Steven Garbukas, source and supply plants with materials at best possible price, provide all injection and delivery systems to material during batching.

Richard Turner, (Consultant) Machinery and Equipment Line Standup, Plant Engineer

• Supervise and install all production line machinery and equipment at the first plant, in Stamford, Texas and all subsequent plants. Initial plant manager, over production and safety, will train employees, including plant manager.

Layne T. Rushforth, (Attorney)

Richard Dickinson, (CPA)

* (Resumes of any of the above people are available on request.)

6.1 Personnel Plan

Our first plant will be located in Stamford, Texas, a rural area close to a large metropolitan city, where large scrap tire stockpiles are located within less than one mile of our plant. The area has a large workforce in desperate need of jobs, which will help ATP recruit qualified and devoted workers, that will be paid more than the average wages for this area, which are less than in more populated areas. The direct labor cost shows that each plant will require approximately 70 workers in three shifts.

The team for the first manufacturing plant is currently being interviewed with the help of Stamford’s Mayor and City Manager. The Personnel table shows the position and salary of the 68 employees that will work in three shifts of eight hours each. Production is based on seven working hours with one hour budgeted for maintenance and crew change. To facilitate training, during the first month one shift will be in operation, in the second month, two shifts and from the third month forward the plant will operate at full production capacity with three shifts.

The Profit & Loss table shows the payroll burden as 23% of the salary, which covers the taxes and benefits for the employees. No increase in wages and salaries have been forecasted, however, it is assumed that as the company grows, employees will receive increases in their wages, salaries and benefits.

The Personnel table shows the direct and active involvement of the company President (the inventor) and the V.P. in all stages of the start up, purchasing of the machinery and running the business. The team includes highly qualified professionals as consultants in different areas that will enable a smooth and efficient entry to production. As the projected expansion takes place, ATP will begin a search for highly qualified management candidates that will manage the company in the future.

ATP will also investigate foreign licensing that will bring additional revenue streams to the company. ATP’s V.P. has already made contacts with foreign entities and has found great interest from foreign companies. Elie (VP) spearheads negotiations for foreign licensing and manufacturing.

The Personnel table for the first 12 months appears in the appendix.

Financial Plan investor-ready personnel plan .">

The projected financial plan is very sound. The one-time investment gives ATP the ability to take 50% of the profits (after tax) as dividends at the end of year two and to self fund expansion by one additional plant per year. The projected cash flow is outstanding and will enable ATP to be even more aggressive in our expansion plans.

As mentioned throughout this Business Plan, each plant will produce a maximum of 100,000 pallets per month, which is very low in comparison to the demand for pallets. (800 million pallets divide by 12 gives approximately an average of 67 million pallets per month sold in the U.S.)

In addition to the expansion within the U.S., overseas licensing projects will be developed, from which we will create additional revenue streams through licensing fees, royalties, and other contractual payments.

ATP may also enter into other joint ventures or partnerships to license other entities to manufacture and market RST-PAL pallets not only in the U.S. but also worldwide.

The last two sources of income are not included in the financial forecast and do not appear in the tables.

7.1 Important Assumptions

The financial plan based on important assumptions, detailed in the following statements:

• Due to the initial limited production in comparison to the market size, ATP assumes that even a slow-growth economy, will not affect our plan for the next five years.
• ATP forecasts that there would be no unforeseen changes in technology to make our products obsolete. Pallet buyers are looking for cost effective solutions for replacing the high cost of purchasing, repairing, and discarding wooden pallets and RST-PAL pallets offer the solution by providing a longer lasting more durable pallet.
• Cash flow is not expected to be a problem, with most pallets being paid for on delivery. There will be exceptions for specific customers, as an example, the U.S. Government, based on the quantity of pallets that are ordered, but generally, payments for pallets will be paid in full upon delivery.
• ATP’s growth is based on internal financial resources. ATP will budget 50% for growth and 50% from the profits as dividends after taxes (from year two forward and as long as it does not affect the planned growth of the company).
• The source of raw material (scrap tires) is virtually endless as long as cars continue to roll on tires. Presently, 250 million tires are added each year to  scrap tire stockpiles all over the country.
• ATP assumes a short holding of inventory beyond the curing time of the pallets and transportation arrangements.
• ATP assumes a 5% annual raise in our selling price, which is comparable to the wooden pallet industry and fluctuating lumber costs. 
• ATP assumes no raise in our material costs, because the quantities we purchase will increase, and ATP anticipates discounts to offset any increased costs.
• ATP assumes an average sales price per pallet in the first year of production to be $18.50, which is significantly less costly than hardwood pallets whose entire cost includes purchase, repair, maintenance, and discard/disposal.

7.2 Break-even Analysis

This break-even analysis shows that ATP has budgeted fixed costs and projects sufficient sales to maintain good cash flow balances. This projection is based on two production lines.

The essential insight here is that ATP’s projected sales levels will be running comfortably above the break-even point.

7.3 Projected Profit and Loss

NOTES TO PROJECTED FINANCIAL STATEMENTS

NOTE 1 – MATERIALS COST The raw materials, recycled scrap tire rubber, will be provided on an as needed basis. No large stockpiles of material or inventories of recycled rubber shall be stored at the manufacturing site.

The main ingredient of an RST-PAL pallet is recycled scrap tire rubber that has been processed to specific dimensions. There is three million tons of scrap tire shredded rubber on the ground in Texas with ten permitted processors or tire shredders, which want to provide material to ATP.

ATP will purchase scrap tire rubber from a Stamford, Texas processor, and has estimated the cost of material at $1.25/pallet ($50 per ton). It should be noted that ATP is working closely with the Texas Natural Resource and Conservation Commission and ATP may even have an opportunity to acquire surplus scrap tire rubber for less costs. Texas now produces approximately 200,000 tons of scrap tire rubber annually. In addition, the current Texas Legislature is considering paying manufacturers of products using recycled scrap tire rubber, $0.75 per pallet ($30 per ton) as an incentive to increase production of products using scrap tire rubber.

A small amount of recycled plastic is utilized in the formula and its cost is estimated at $0.90 per pallet. In addition a secret formulated binder, developed by the inventor Dan Radke, is used in the manufacture of the pallets, estimated to cost $6.50 per pallet.

NOTE 2 – DIRECT LABOR (Production Payroll) and PAYROLL BURDEN Projected Direct Labor includes the salary and wages for those employees directly involved in the pallet production process in the plant and is reflected in Topic 6.1. Payroll burden is estimated at 23% (FICA 6.20%; Medicare 1.45%; FUTA .80%; State Unemployment 3.00%; Workers Compensation and Employee Health Benefits 11.55%).

The total Direct Labor cost includes payroll burden and other direct costs such as utilities, building repairs and maintenance, plus plant supplies estimated at 5%. The total for direct labor cost and payroll burden per pallet is estimated at $1.31.

NOTE 3 – ROYALTIES The Licensing Agreement requires payment of 5% of gross sales to Mr. Radke, the inventor, as royalties. This may be paid quarterly or monthly (5% has been used throughout these projections). There will be no royalties for the first six months of production to help the cash flow of the company.

NOTE 4 -GENERAL & ADMINISTRATIVE WAGES AND PAYROLL BURDEN The company will employ Management and clerical staff as appears in the Personnel table, Topic 6.1. Additional management members and marketing representatives will be added as needed throughout the growth of the company. Payroll burden estimated at 23% including taxes, W/C, health and employee benefits. During the six-month start-up phase and thereafter, the company will employ experts in the industry as consultants.

NOTE 5 – DEPRECIATION Machinery and equipment is being depreciated over 10 years, property over 30 years.

NOTE 6 – OFFICE EXPENSES Provision has been made for estimated general office expenses. Computers and office equipment costing $15,000 is included in the initial start-up budget and Expensed Equipment. The amount budgeted for Year One is $12,000, which will increase at the rate of $12,000 per year with each additional plant.

NOTE 7 – MARKETING and SALES Management anticipates strong demand for the RST-PAL pallets creating a real challenge for production to keep up with the demand. Back orders are expected and sales on advanced production should drive expansion. With many potential pallet users identified, who currently use from 100,000 to 7 million pallets annually, we will approach the expansion of our national sales force, carefully. ATP does not want a large sales force with production sold out for months in advance. A budget in this category will be used for sales representatives or commissions on sales and is budgeted at $73,000 during year one. Based on attendance at conventions and trade shows it is anticipated that our targeted Dallas – Fort Worth Metropolis, Houston, San Antonio and the rest of Texas will absorb all our production for many years.

A Marketing Director shall develop goals and strategies with the board of directors. ATP plans to hire a qualified director in year one. Sales representatives will be hired and it is anticipated they will receive a base salary with commissions of ten cents per pallet sold. The budget takes these assumptions into consideration.

NOTE 8 – MACHINERY MAINTENANCE The initial production line machinery will be in good working order, nevertheless, ATP will plan for parts maintenance and replacement. This budget grows as more machinery and plants are established.

NOTE 9 – TAXES The “taxes incurred” appearing in the P&L represents State of Texas Franchise taxes and Federal Income Taxes for a total of 34%.

The Profit and Loss table for the first 12 months appears in the appendix.

7.4 Projected Cash Flow

The table presents our projected cash flow balances. The critical first year reflects positive cash flow. Monthly cash flow is positive and more important the balances are positive, which indicates adequate financial reserves and correct planning of the required working capital. The estimated results permit a margin of error and still appear strong, even though the numbers remain conservative.

ATP intends to distribute dividends to its shareholders in a way that will enable the continuation of the expansion of the company according to this Business Plan. ATP estimates that from year two forward 50% of the profit (after tax) will be distributed to the shareholders. The Board of Directors will determine any other distributions to be made on an annual basis.

The following chart shows the cash availability for the next 12 months. The bar labeled “Cash Balance” shows our projected cash balance for the first 12 months of the project and it is adequate (above zero). The second set of bars, labeled “Net Cash Flow”, indicates the change in the Cash Balance for each month.

7.5 Projected Balance Sheet

The Projected annual financial balances are shown in the following table. The balances for the first 12 months are presented in the appendix.

7.6 Business Ratios

Business ratios for the years of this plan are shown below. Industry profile ratios based on the Standard Industrial Classification (SIC) code 2448, Wood Pallets and Skids, are the closest available and are shown for comparison. ATP’s patented technologies are so new, that there is no SIC code that directly applies.

7.7 Long-term Plan

In addition to the enclosed financial information contained in this Business Plan, ATP would like to make the following observations that were not emphasized in this Business Plan:

The Business Plan covers five years of activities. We consider the financial projections in the Business Plan as conservative. As an example; since July 2002, (the date the patent was issued), ATP’s Vice President, Elie Banensohn has traveled to several European countries and has met with representatives of companies from the Far East. These companies recognize the value of RST-PAL pallets and have shown an interest in licensing the technology in order to manufacture and market the pallets in their countries (in some cases with our participation). The Business Plan does not include any income from licensing fees or royalties from foreign entities. Scrap tire problems exists everywhere and is even more acute in Europe and the Far East as they have less space for storage and less scrap tire processing technology than the U.S.

Revenues include some benefits from State or Federal level subsidies or grants for helping to clean up scrap tire problems, which are available. There are States that are offering participation in funding new companies using scrap tire rubber. ATP and its Board of Directors believe that demand for RST-PAL pallets may cause expansion plans to be reviewed and changed, assuming demand will be high. After initial exposure of RST-PAL pallets to the market, additional plants may need to be installed sooner than the company growth plan calls for.

As previously mentioned, a division or subsidiary of ATP will be proposed to manage the pallet leasing aspect of sales, which will afford pallet users the option to change over their entire inventories of wooden pallets to RST pallets on a “lease to purchase” plan. ATP anticipates substantial revenues and success in the pallet leasing market.

1. Why did you choose Stamford, Texas as your first location?

• One of the largest piles of shredded scrap tires in Texas is located in Stamford. The quantities of raw material in this pile are enough for ten years of full production.
• The state of Texas pays for making final products from the scrapped tires about $30 per ton (approximately $0.75 per pallet).
• In the area of DFW (about a radius of 150 miles around) the yearly consumption of new pallets is about sixty million.
• The local municipality is very helpful. Rural America has unemployment problems. Therefore the local authorities have offered to subsidize the plant for our production lines, by enabling us to use a new existing building of 60,000 sq.ft. with all the facilities including: offices, rest rooms, electricity, air conditioning, boiler system etc. and the property is located on seven acres with the building which can be used for storing and loading pallets and employee parking, all offered with great terms and conditions.
• The location of this plant is less than one mile from the scrap tire pile.

2. If your plant is in Texas why is your headquarters is in Las Vegas? As can be seen from our Business Plan, ATP expects to open four plants in the next five years. These plants will be in different states. Las Vegas was chosen as our corporate headquarters because of the following reasons:

• Las Vegas is also a popular tourist destination for business people throughout the world. Vegas has excellent airline connections, which offers a real opportunity to bring executives to visit and learn more about RST-PAL pallets and how it will positively affect their company profits.

3. Is there any financial help from the State administration in putting up the plant in their State? There are several States, among them Louisiana and New Jersey that are giving up to 80% of the capital cost of putting up a plant that will utilize scrap tires. The problem of scrap tires is enormous and exists in most states. Most states have scrap tire programs to deal with the remediation of scrap tires.

4. Are there any federal laws regarding the use of recycled products? Yes, all Federal Agencies, including the Department of Defense and Department of Transportation are mandated to use “recycled products first”. Our product is made from recycled materials and is very strong and durable and is acceptable for Government use due to its life cycle being much longer than a traditional wooden pallet, and the price of a RST-PAL pallets is very competitive.

5. How does the production of pallets made from scrap tires helps the ecology? The RST-PAL pallet is an environmentally correct product made from recycled materials that can be recycled itself, making it a “triple green product”. First, according to statistics published by NWPCA (National Wooden Pallet and Container Association) the U.S. consumption of pallets is 800 million per year. To make this huge quantity of pallets, 3.5 million trees are cut every year. Every RST-PAL pallet sold will help to save our forests, allowing hardwoods to be used for more important and valuable uses other than pallets.

Second, getting rid of the scrap tire piles is a worldwide problem. This problem is even more acute in Europe and the Far East. Each year in the U.S. 250-280 million tires are added to the existing stockpiles of scrap tires. These piles are environmental hazards as they can become disastrous tire fires and are breeding grounds for mosquitoes (which bring diseases such as the West Nile Virus), rodents, snakes, and other vermin.

6. Are the projections in ATP’s Business Plan “Too good to be true”? ATP believes that the projections, although they are very positive, are conservative. We also believe our biggest challenge will be keeping up with the production needed to meet the demand for our pallets. When a company evaluates the annual cost of their wooden pallets, including; purchase, repair, replacement, and discarding costs versus the one time purchase price of RST-PAL pallets, they will see tremendous savings in buying and using RST-PAL pallets.

Regarding the financial forecasts, ATP has purposely left out several positive issues. For example, the cost of recycled rubber (cut and prepared for our use) is $1.25/pallet. This cost can be reduced drastically by purchasing a special machine (Grizli) and cutting the tire shreds to our specific dimensions. The price of the machine can be recovered within one year of production. Additionally, the most expensive cost in making our pallets is the binder system, $6.50/pallet. Our projections do not take into consideration the savings of using even less binder per pallet which will be achieved by utilizing the new production line machinery, with a different delivery system. We estimate a minimum saving of 25% on our projected costs when we will buy the raw material and batch it ourselves.

Additional savings will be achieved by getting larger discounts as the volume of materials purchased increases.

Other potential revenue streams that are not projected include licensing ATP technology to foreign countries to manufacture and market RST-PAL pallets. In addition ATP anticipates opening a subsidiary company to provide pallet leasing or a lease to purchase program for our customers to enable them the opportunity to convert their wooden pallet inventory to RST-PAL pallets at an accelerated pace.

7. How are the scrap tires used today? Only a small portion of scrap tires are recycled or used today. The main use (about 30%) is adding crumb rubber to asphalt for making roads. Other products that are made of scrap tires are: car floor mats, playground filler, floor tiles and some other soft products which do not need strength or rigidity of the final material. Scrap tire piles continue to accumulate all over the country and constitute dangerous environmental hazards.

8.What is the real market potential and what is the risk if the users do not accept the pallets? As previously stated, of the 800 million pallets manufactured each year, about 60% are made from hardwood. Our product replaces the hardwood pallets, and if you look at our 5-year projection, we will produce approximately 19 million pallets while in the same 5 years the pallets industry will produce 2.4 billion hardwood pallets, which means we will capture, within 5 years, about 0.8% (less than 1%) of the total pallet market.

ATP surveyed the acceptance of RST-PAL pallets through pre-production marketing efforts and it was excellent. We visited 62 pallet users in the DFW area. All of the companies were impressed with the RST-PAL pallets made from this unique and patented “new material” from recycled scrap tires. Many stated that they would use the pallets once we had a production facility. They were especially impressed that our pallets were stronger and more durable than wooden pallets and would perform much longer than wooden pallets. NWPCA states, “wooden pallets last from 1.5 to 2 trips before having to be repaired or replaced.” We also visited with the buyer of pallets for 3M company in Minneapolis, and the buyer was very eager to use RST-PAL pallets. 3M purchases more than 7 million pallets in just one year. ATP also contacted, through the Department of Defense, the Army, Air Force PX and Exchange, AAFAS. They actually wanted us to deliver 50,000 pallets as an initial order but unfortunately we were not in production.

9.Can you show us orders from companies that were interested in using your pallet? No. As we have not begun production, we cannot guarantee that ATP will be able to deliver pallets on a specific date, and so we have not accepted any orders. As the projected calculation shows tremendous savings to the user, and as RST-PAL pallets have so many advantages in comparison to wooden pallets and at a competitive price, ATP believes that when production commences, pallets will be immediately accepted. Some of the users we visited were surprised that the price was so low in relation to the performances of RST-PAL pallets.

10. What are the technical properties of the pallets and which tests have already done? The technical data and the tests results are as follows:

• RST-PAL pallets are both rackable and stackable, and pass ISO standards.    
• The RST-PAL pallets have the same parameters as hardwood pallets, including two or four way entry, and meet GMA pallet standards.
• Weight: 40″x48″, four way GMA pallet, hardwood=65 lbs; RST-PAL=71 lbs. The difference in weight disappears after the wood starts absorbing water/liquids.
• The deflection of a pallet with our material, according to ISO when R=1500KG, is about zero (actually equal to the deflection of metal under the same load). 
• A test was conducted with 3 concrete beams weighing 25 tons (51,000 lbs), which were loaded and lifted onto an RST-PAL pallet. In comparison, wooden pallets have a static weight load of 2,500 pounds.

In conclusion, this is not a high precision, high tech product — it is a strong and durable pallet with excellent material qualities and is offered to pallet users at a very competitive price, which will save pallet buyers bottom line profits.

11. Usually, as production increases, the price normally decreases (mainly because of competition). In your B.P. the price is increased. Please explain? Actually, part of the answer is in the question. There is no competition. Hardwood is a commodity and its price changes constantly with lumber prices (which continue to increase annually). Our increase in price takes this fact into account. The raise in prices, as appears in our projections, of 25% during the next five years is probably less than the increase in the cost of hardwood. Another reason is that our initial price is very low, designed so that ATP can penetrate different markets rapidly.

Most key pallet purchasers that we talk with, think we are vastly under priced for a pallet that is so durable and lasts so long. Some believe RST-PAL pallets should be in the $39.00-$59.00 price range (similar to plastic pallets), and not just a few dollars more than hardwood pallets. ATP assumes that for many years (due to patent protection) RST-PAL pallets will not have competitors, which can often drive the price down. The assumption is that the advantages of RST-PAL pallets over hardwood pallets will cause pallet users to purchase RST-PAL pallets to lower their pallet costs. Following RST-PAL pallets becoming established in the market place, the advantages and the savings will be widely recognized and there will be justification for further price increases.

The opening price of $18.50 is an average price and not applicable to all sizes nor to all customers. Certainly, a customer purchasing 500,000 pallets per year will be given a discount different from a customer purchasing 1,000 pallets.

The Board of Directors will re-visit the $18.50 price as sales develop. Our projected low price is intended to introduce the pallet to many different manufacturers and industries that use pallets, targeting those companies with a closed loop system that can use, retrieve and use over and over again the same durable pallets.

12. Everything seems so good, what is the down side to this project? ATP believes that according to the projections, the only downside is our start-up production capacity. ATP knows that it will capture the small percentage of less than 1% of the total market demand. The projection shows that this 1% of the market will enable both growth from profits to fund expansion and a good return in the form of dividends for its investors.

RST-PAL pallets are heavier, by about 8 lbs, than the equivalent size pallet made of hardwood. This is true only at the beginning of the lifecycle of a wooden pallet as wood absorbs water and other liquids and can become even heavier than RST-PAL pallets. An average 40′ truck trailer carries about 22 loaded pallets, and by using RST-PAL pallets the total added weight is less than 200 lbs, which is not significant.

13. Is your patent defendable and what does it actually protect? The patent was approved and issued in July 2002. It took about five years to perfect and to reach the utmost protection possible. It protects any product made from recycled scrap tire rubber using a plurality of sizes with or without other materials like plastic, adhesives etc.

14. Who has the exclusivity to utilize this patent? The total and irrevocable exclusivity was granted to ATP Corporation, which consists of the new investors and the existing partners. This exclusivity includes licensing to other parties worldwide for the manufacturing and marketing of RST-PAL pallets.

15. It appears that you are looking for investment of $4M to $6M. Elaborate. These two numbers express the difference between starting with one line of production vs. two lines. The basic set of machines needed for production can be extended to two lines with addition of some machines. By starting with two lines, the production capacity is doubled to 1.2M pallets per year with net profit projected of over $8M versus $3.2M if ATP opens with a single line.

16. How will the investor’s capital be used? A detailed start-up expenses and funding table can be found in Topic 2.2. The main expense item is for machinery and in both cases about $750,000 remains as working capital.

17. What equity percentage are you offering for the investment? The calculation of the present value of the company based on the projections appears in the business plan. The present value of five years of net earnings at 25% discount is over $100 million. We deliberately took an unreasonably high discount rate to avoid any disputes.

We value our company at “present value” of just over $17M. Hence, for the $6 million investment; we offer 35% of the company with all its rights.

18. Is there any other way of financing the project? Yes. We would accept a loan, secured by the assets and rights of ATP, which will carry interest of 5% for a period of ten years starting (the repayment) at the beginning of the second year. The return can be accelerated.

In addition to the secured note, the lender will be offered 17.5% equity interest for a loan of $6 million.

19. Who is ATP’s management team? See Chapter 6.0 of the Business Plan. Each member of the team along with our consultants, are highly qualified professionals with vast and proven experience in their fields (e.g. plant installation and operations, purchasing and marketing). ATP is also open to investor participation both in the company and on the Board of Directors.

The financial projections that appear in this Business Plan are estimated revenues, expenses, and cash flow, which are based on research and the assumptions discussed throughout this Business Plan. They represent the best of management’s knowledge and belief and also are based on actual operations in the pilot plant in Stamford, Texas. The Company’s expected revenues, expenses, and cash flow for the projected periods are subject to the Company’s ability to develop sales and production levels at the price and costs estimated by management. Accordingly, these projections reflect management’s estimates as of January-June  2003, and its expected course of action if such sales and production levels are attained at the price and costs anticipated.

These projected financial statements are for the purpose of providing updated information to existing and new investors. These projected financial statements should not be considered to be a presentation to forecast future results. Accordingly, these projections may not be useful for other purposes.

The assumptions disclosed herein are those that management believes are significant to the projections. Furthermore, even if the sales and production levels as well as the projected price and costs are attained, there will usually be differences between projected and actual results because events and circumstances frequently do not occur as expected, and those differences may be material.

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10 Disclaimer Examples to Help You Stay on the Right Side of the Law (Updated 2023)

By Jimmy Marshall

Last updated on February 24, 2023

One of the best ways of getting to grips with the functions and applications of disclaimers is to consult a variety of disclaimer examples. Particularly if you plan on publishing any disclaimers personally, consulting approved disclaimer examples beforehand is the way to go.

But what is a disclaimer and where should disclaimers be used? Is it ever advisable to use an automated disclaimer generator, or is it better to learn how to write a disclaimer manually?

While disclaimers exist in a wide variety of forms, their basic purpose is usually the same. Whether it’s an important legal disclaimer or an everyday website/blog disclaimer, its purpose is to deny something and/or deny responsibility for something.

Protecting yourself and your interests from potential legal repercussions means knowing when, where, and how to use disclaimers appropriately.

What is a Disclaimer?

A disclaimer is a statement that limits your liability and is usually found on websites or apps. It can be used to protect you from any legal action that a visitor may take against you, by outlining the limits of what they can expect from using your website or app.

If you need a disclaimer, it’s important to make sure it covers all the potential liabilities of your business. This could include anything from giving advice to selling products, and even disclaiming warranties. Having a disclaimer in place will help protect you and your business if any legal issues arise.

It’s always best practice to use a disclaimer on any website or app that deals with sensitive information, as it helps to limit your liability should something go wrong.

Why is it Important to Have a Disclaimer?

It is important for small businesses to have a disclaimer in order to protect themselves from errors and omissions. A disclaimer helps inform users of any potential risks or liabilities associated with the product or service being provided by the business.

Having a disclaimer ensures that the business is not held liable for any damages resulting from products or services provided by them. Without a disclaimer, businesses could face costly legal action if something goes wrong, so it’s essential to create one as soon as possible.

Disclaimers also protect businesses from copyright infringement, so it’s important to ensure that your website or product has proper permission to use any images or content taken from other sources.

In conclusion, having a disclaimer is an important step in protecting your small business and informing users of potential risks associated with their purchase.

Free Disclaimer Generator?

Generate a disclaimer to comply with any legal or third-party requirements using this free disclaimer generator.

10 Popular Disclaimer Examples to Inspire You

The exact content and coverage of any given disclaimer will usually be 100% unique. However, the vast majority of disclaimers fall within one of the following categories:

Affiliate Disclaimer

Copyright disclaimer, fair use disclaimer.

• Confidentiality Disclaimer (for Emails)

Warranty Disclaimer

• No Responsibility Disclaimer (Liability Disclaimer)

Views Expressed Disclaimer

Investment disclaimer, no guarantee disclaimer, past performance disclaimer.

While it’s perfectly possible for there to be a degree of overlap between one or more disclaimer types, it is vital to understand how each type of disclaimer works and which meets your requirements. In addition, ensuring the content of the disclaimer is clear, concise, and unambiguous is also essential.

Let’s take a closer look at some of the most common types of disclaimers in a little more detail:

The FTC (and most good affiliate programs) requires that anyone taking part in an affiliate scheme publishes an acceptable affiliate disclaimer. At its core, an affiliate disclaimer is simply used to inform people that you are taking part in an affiliate program and stand to earn money by doing so.

An affiliate disclaimer will typically indicate that while the information and advice provided by the entity in question are predominantly objective, there may be a degree of bias due to their money-making intent.

Here’s an example of a concise affiliate statement from Amazon to illustrate the content you’re looking for:

Typically the most concise of all disclaimers, a copyright disclaimer – aka a copyright notice – simply lets others know that the material they are accessing belongs to you. A copyright notice will typically include the name of the author, the year of the copyright, the internationally recognized copyright symbol and an indication of reservation of rights.

All such information will usually be presented in a concise ‘bar’ at the bottom of the page, though must be prominent enough to be visible. Here’s an example of a copyright disclaimer:

Anyone who intends to use the work of someone else without their direct permission may need to include a fair use disclaimer, which can prevent legal action from being taken against them.

‘Fair use’ refers to the use, citation, or incorporation of another author’s work to an extent that doesn’t contribute to copyright infringement or plagiarism. For example, the content may have been used by a third party for commentary purposes, teaching, researching, news reporting, and so on.

A common example of ‘fair use’ in practice is a movie review that includes clips from the film, or the use of extracts from a copyrighted book during an English language lesson.

Here’s a fair use disclaimer used by several YouTube Channel:

Confidentiality Disclaimer

Confidentiality disclaimers are usually part of the signature line in an email, which subsequently ensures that it appears in every email communication. These email disclaimers are used to inform the recipient that the content of the email is confidential in nature and must not be shared in full or in part with anyone else.

In addition, email disclaimers can sometimes be used to warn recipients of potential computer viruses and other security risks, thus limiting the liability of the sender in the case of such scenarios.

A typical confidentiality disclaimer used in an e-mail signature line is as follows (from Fasanara Capital):

As the name suggests, a warranty disclaimer is effectively the opposite of a conventional warranty. Where issued, a warranty disclaimer informs the receiver of the product or service the provider does not offer any promises or guarantees, typically in relation to the quality, dissatisfaction, and so on.

However, all sellers and service providers are bound by certain national and international rules regarding minimum quality and safety levels for products and services offered. Therefore, a warranty disclaimer cannot be used to sidestep all responsibility on the part of the seller or service provider.

This is how Amazon words its warranty disclaimer:

No Responsibility Disclaimer

Also referred to as a disclaimer of liability, a no-responsibility disclaimer offers protection from potential repercussions in a variety of scenarios. In simple terms, to take a position of ‘no responsibility’ is to accept no liability for the consequences that may occur, due to the use of the information or resources provided on your website (as an example).

This kind of disclaimer is used to inform people that if they take any given action, they take full responsibility for the potential consequences. Most websites feature one or more no-responsibility disclaimers, as online information and resources can be interpreted and acted upon in an infinite variety of ways.

Here’s the current no-responsibility disclaimer from BCS:

One of the most important disclaimers for use in forums, blogs, and other online and offline publications, a ‘views expressed’ disclaimer distances the author or business from the content published.

The disclaimer informs readers that the content published (which may include guest posts, comments, replies, third-party entries etc.) in no way conveys the thoughts, sentiments or intents of the author, the website, or the business. This ensures that in the event any questionable or controversial content is published, the author/website is not held liable for the consequences.

Here’s a simple yet effective example of a views-expressed disclaimer:

Specifically, it is used to inform the reader that the author is not a qualified financial adviser, investment specialist, dealer, or broker and that they cannot and will not guarantee the accuracy or completeness of the information they provide.

As a result, the reader accepts complete liability for the consequences that may arise, due to their use or interpretation of the information published.

A good example of an effective investment disclaimer from SilverBarter:

Again, this means that irrespective of the outcome, the author or website accepts no liability or responsibility for the consequences. It is implied that the information/content is provided simply for reference purposes, rather than viable or valid advice to be followed.

Wikipedia has a simple yet effective no-guarantee disclaimer in place, which reads as follows:

Last up, the ‘past performance’ disclaimer is used to advise readers that future results can in no way be attributed to past performance. Hence, irrespective of the strong and successful past performance of any activity or entity, this doesn’t guarantee similar results in the future.

Past performance disclaimers are used to inform readers that in the event that they make decisions based on past performance alone, they accept full responsibility for the outcome. They are warned that such assumptions are neither advisable nor condoned by the author, therefore should be avoided.

Here’s how Maple Leaf Funds issues its past performance disclaimer:

What to Include in an Effective Disclaimer

An effective disclaimer should include a description of the limitations of the product or service being offered, as well as any potential liabilities that may arise from its use.

It should also provide a statement of warranty, and explain any disclaimers related to performance, availability, accuracy, and merchantability.

Additionally, it should list any conditions that must be met before using the product or service in question. Lastly, the disclaimer should set out the rights of all parties involved in using and accessing the product or service.

A good disclaimer will help protect both parties and ensure that their rights are respected. To help you, check out this list of important clauses to add to your disclaimer.

Limitation of Liability

A disclaimer that states that your business is not responsible or liable for any damage or loss caused by the use of your website content are a must.

This is a key component to protecting your business. You should include a disclaimer on your disclaimer page that limits your liability in case you are sued for something that occurred from the use of your website content.

Indemnification Clause

You should also include an indemnification clause in your disclaimer. This clause should state that your business is not responsible for any claims, costs, or damages that arise from the use of your website content.

It should provide protection for you in the event that a customer or other third party files a lawsuit against your business because of something related to the use of your website content.

Exclusion of Warranties

You should also include an exclusion of warranties in your disclaimer. This means that your business is not responsible for any warranties, expressed or implied, regarding the use of your website content.

This serves to protect you in the event that a customer or other third party makes a claim against your business due to a malfunction or error in the use of your website content.

Choice of Law

You should also include a choice of law clause in your disclaimer. This clause should state which jurisdiction’s laws will be used to settle any disputes that arise from the use of your website content. This is important to protecting your business from being sued in a jurisdiction that does not have the same laws as your business. 

Severability Clause

Lastly, you should include a severability clause in your disclaimer. This clause should state that if any part of your disclaimer is found to be unenforceable, the remaining parts of the disclaimer shall remain in effect.

This is important to protect your business from having the whole disclaimer ruled invalid if one part of it is found to be unenforceable.

When deciding which type of disclaimer you need, it is important to consider these components and make sure that you have all of them included in order to effectively protect your business.

By understanding the content of each component and how it applies to your business, you can create a disclaimer that will help protect your business from any legal issues that may arise.

How to Write an Effective Disclaimer 

A website disclaimer is one of the most important legal documents for any online business or website. It can help protect the site and its owners from potential legal issues arising from the content or activities on their website.

To write an effective disclaimer, it should be written in plain language so that anyone visiting the site can understand it, include a clear statement on the limits of liability, mention any applicable laws that may govern the site’s activities, and clearly identify who owns or is responsible for the website.

Additionally, disclaimers should be visible on every page of a website in order to maximize their effectiveness. By following these steps and making sure to keep your disclaimers up-to-date with any changes that occur in your business, you can ensure that your website has an effective disclaimer.

Understand Your Business

Before you can begin writing an effective disclaimer, it is important to understand your business and the types of risks it may face. Consider the products or services that you offer and the potential liabilities that they may create. Research common disclaimers in your industry to get a better understanding of what types of risks should be addressed in your disclaimer.

Consult with a Lawyer

Legal disclaimers can be complex, so it is important to consult with a lawyer to make sure that your disclaimer is accurate and legally binding. A lawyer can help you create a disclaimer that meets the legal requirements in your jurisdiction and is tailored to the needs of your business. 

Consider Your Audience

When writing your disclaimer, consider the needs of your audience. Your disclaimer should be easy to understand and written in plain language. Avoid using technical legal terms so that they can be understood by all readers. 

Write in Plain Language

When writing your disclaimer, it is important to use plain language. This means avoiding technical legal terms and using straightforward language that is easy to understand. Use simple words and sentences and avoid making assumptions about the reader’s knowledge. 

Use Clear Formatting

The formatting of your disclaimer is just as important as the content. Use clear formattings such as headings, bullet points, and white space to make the disclaimer easier to read and understand. Place a disclaimer statement at the beginning of the document so that readers can quickly identify it. 

Your disclaimer should state that the information contained in your product or service is for informational purposes only and should not be interpreted as legal advice.

It should also state that you do not assume any responsibility for any omissions or errors in the information you provide. Furthermore, you should include a disclaimer to protect yourself from any potential liabilities that may arise from the use of your product or service.

Additionally, you should include a disclaimer to limit your liability for any damages that may arise from the use of your product or service. Finally, you should disclaim all warranties, including implied warranties, regarding the accuracy and reliability of the information contained in your product or service.

It should also be noted that the information contained in your product or service may also be used for other purposes without your consent.

Final Thoughts

As a business owner, having a disclaimer on your website is essential to protect yourself from potential legal issues. The disclaimer should include information on the privacy policy and terms and conditions of using the content on your website.

It is important to update this information regularly as laws change and new risks arise. Additionally, it should be easily accessible for visitors to understand what they are agreeing to when accessing your website.

Overall, having a clear and updated disclaimer is an important part of protecting both you and your customers from any potential legal issues that could arise from the use of your website’s content.

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Everything you need to know about business plan cover pages

You have only one chance to make a good first impression with the readers of your business plan.

People do judge books—and business plans—by their covers. A quick glance at the cover can easily be enough to make up one’s mind.

So set yourself up for success with a powerful cover page that stands out and entices the reader to find out more about your business.

Here’s everything you need to know:

Definition: What is a Business Plan Cover Page?

Cover page (also known as title page or cover sheet) is the first page of a business plan that communicates what the enclosed document is about and highlights the key company information like name, logo and contact details, making a good impression with professional and attractive appearance.

Purpose: Why is Business Plan Cover Page Important?

Many businesses spend hours preparing their business plans but then do not pay enough attention to the title page. This is a huge mistake .

5 ways a strong cover page can help you make a positive first impression:

• Clearly indicate what the presented document is about
• Provide the necessary information for a reader to contact you
• Create a powerful first impact that sets the stage for how readers will engage with your document
• Avoid falling victim to negative preconceived notions as a result or unprofessional or unattractive cover
• Maximize the chance of the plan being read by making the document stand out from the crowd and immediately drawing your reader’s attention

Keep reading to find out which elements you need to include in the cover page, how to structure it to maximize the impact of your business plan, and to take a look at some successful examples .

Contents: What Should You Include in a Business Plan Cover Page?

Surprisingly, there are no strict rules about what to show on your business plan cover sheet, but there certainly are best practices that you should follow.

Here are 9 elements that are typically included on business plan covers, 3 of which are essential and you should not miss to include them. The remaining 6 are optional for your consideration.

1. Must-haves: 3 mandatory cover page elements

1.1. Business name: The name of the company that is the subject of the plan.

1.2. Document title: The words “ Business Plan ” in a prominent spot so that it is clear what kind of document this is.

1.3. Contact information: Name, title and contact details (e.g., phone, email, social media, website, address) of the primary contact persons presenting the plan (e.g., CEO, Founder, Owner, President) so that any interested parties know exactly to whom to direct their inquiries and can reach them quickly and easily.

2. Nice-to-haves: 6 optional cover page elements:

2.1. Company logo: The logo of the company if available and desired.

2.2. Tagline: Short, memorable summary of the business described in the plan.

2.3. Date: In order to make sure your plan does not look outdated, include only the year of the business plan completion date. If you are including both the month also, it is advisable to create a new cover sheet each time you send out the plan.

2.4. Version control: Numbering each copy of the plan enables you to more easily keep track of who you sent what version of the document to.

2.5. Disclaimer: Disclaimer can help protect you and your company from confidentiality and other legal issues resulting from the distribution of the business plan by indicating that the plan is for information only, not an offering of stock in the company, and not to be shared with third parties without your prior consent.

2.6. Visuals: Graphic elements or images to enhance the professional look and visual appeal of the document.

Let’s have a more detailed look at these cover page elements so you know what exactly to include into each of them:

Business Name

The most prominent feature on your business plan cover is the name of your company.

Instantly, the reader should notice the name of your business. In fact, if readers take away nothing else from the cover page, they should remember your company’s name.

As this is the most noticeable feature on the page, use a large font that stands out, but is easy to read, looks professional and corresponds to the typeface that you used for the rest of the document.

Company Logo

Placing a high-quality company logo on the cover page helps to make the business plan look more professional and establish a brand identity by allowing readers to connect visually to the business right from the beginning.

If your logo includes the full name of the company, you do not have to display both the company name and logo on the cover page, it is sufficient to choose one of the two.

Document Title

The readers need to know what the presented document is about – immediately and clearly.

The cover page should clearly state whether it is a Business Plan, Executive Summary, Financial Forecast, Marketing Plan, Recovery Plan, or any other kind of plan.

For example, write the words “ Business Plan ” in a prominent spot on the cover sheet to make it crystal clear what type of document this is. You may include any additional words that are part of the title, such as “Three/Five-Year Business Plan” if needed or relevant.

As a focal point on the cover page, the document title should be in a large font size .

There is no rule though about whether the Document Title or Company Name and Logo should be of the largest font size, as all are of key importance. So it is entirely your decision what feature you prefer to highlight on the cover page of the document.

Contact Information

Contact details should always be on the business plan cover page, letting the reader know who is presenting the document and how to contact them if they need more information.

It is helpful to indicate the names and titles of the company’s primary contact persons for investors and other business plan readers, such as:

• External distribution: company founder, owner, president, partner, CEO
• In-house corporate plans: head of division, departmental manager, executive officer

Next, provide the contact details that will allow the interested parties to reach these primary contact persons quickly and easily, including:

• Name and title of primary contact(s)
• Phone number
• Email address
• Social media handles
• Website address
• Postal address

The contact information is typically displayed in the smallest font on the cover page.

Company tagline, or a motto , is a catchy memorable marketing slogan that captures the essence of a business in a few short and simple words: >> What you do >> How you do it >> Why are you different from the competition

For example, you will undoubtedly recognize the following company mottos:

As such, the tagline is a useful part of the cover page as it helps the business plan readers better understand what you do straight away, and even excite them to read the business plan and study it with more interest.

When was this business plan finalized and issued ? The readers will be interested to know. Hence, it is advisable to state the document completion date on the cover page.

Strictly speaking, you do not need to denote anything more specific that the year in which you completed the business plan. (“Business Plan: 2021”) This will ensure that the plan does not appear outdated for an entire year.

Imagine that you are a potential investor who in December 2021 receives a business plan dated January 2021. It would be natural to assume that the document has been rejected many times by other investors over the last 12 months.

Alternatively, you can include both the current month and year on the cover sheet. (“Business Plan: January 2021”) Each time you update the document and send it out or present it, you will need to check if this date of completion needs updating .

The date is featured on the cover sheet less prominently and in a smaller font size than the document title and company name, and is often displayed below the plan title.

Version Control

As your business develops, you may revise your business plan any number of times and send it to multiple recipients . To keep track of the different versions of the plan that you produce and which version you sent to whom, you may decide to use a version control system.

However, it does not make the best impression when someone receives a “Version 25” of your plan.

Instead, consider devising a simple coding system . For example: “Copy D.5” would indicate it is the fifth copy of a fourth version of the document or “Version 4.5” could mean a fifth copy of a document version completed in April.

Numbering each copy of your business plan before distribution, and keeping a list of which individual has received which copy, would enable you to keep track of how many copies are in circulation, and, if needed, ask to have a copy returned, or trace the responsible party in case a copy is circulated without your permission.

Confidentiality Statement & Disclaimer

Why should your plan include a disclaimer.

Legal issues may arise as a result of circulating your business plan. 

For example, anyone who is in the possession of the document could potentially divulge the confidential information. 

Also, in some countries, offering ownership in your company in return for an investment is considered as selling of stock, which is a regulated activity. The best way to protect yourself is to consult a lawyer.

Nevertheless, including a disclaimer in the business plan helps to protect your company by indicating the plan itself is not an offering of stock for sale but rather a document for information purposes only.

The same disclaimer can also be used to help protect the confidentiality of the information disclosed in your business plan by informing the reader that the plan is confidential and not to be shared with other parties without the owner’s consent, especially when you are not adding a non-disclosure agreement.

What Should the Disclaimer Say?

These are the two most common ways how to show the disclaimer in the business plan:

1. Display a brief disclaimer , just one or two sentences, directly on the front cover , probably at the bottom of the page. Consult a lawyer for the most appropriate wording, but a standard disclaimer might look something to the effect this:

2. Write “ Confidential ” on the cover sheet and include a longer disclaimer and confidentiality statement in the main body of the business plan, perhaps on the first page after the cover sheet.

In addition, you can also include the text “Confidential” into the header or footer of the document.

Design: How Should You Format a Business Plan Cover Page?

The cover page is the first thing the readers will see when they open your business plan. Thus, your business plan cover should be neat , clean , attractive , and professional enough to draw your readers’ attention , make a good first impression and set the tone for your business plan’s content.

Cover page that is messy, dated, unattractive or in any way unprofessional can create negative preconceptions in the recipients’ minds before they even start reading the business plan.

Your design should be clean and professional, which can be accomplished by observing the following best practices:

Visual Identity

Most successful businesses have a strong association with their brand identity , including a company logo, typeface and color scheme. Visual identity helps to establish recognition, familiarity, trust and confidence in customers by evoking the right emotions and sending the right message.

As a result, companies take care to develop a brand identity and keep consistent across all marketing collateral and business materials.

Likewise, your brand identity should be integrated into all parts of your business plan, including the cover page. The best practice is to make the plan consistent with the logo, font type and color scheme as they appear across your other company’s documents.

If you do not have a brand identity created yet, keep the color scheme of the plan cover simple.

The easiest is to have a logo designed, which is inexpensive and easy to do nowadays, and then use your logo colors across the business plan. Alternatively, consider using an online color scheme generator to select colors that go well together.

To stay on the safe side, use maximum of two to three colors, one of which should be black. You can use different shades of the same color (e.g., light blue and dark blue).

First and foremost, the fonts you use in the business plan, including its cover, need to be readable .

The most important information should be displayed in a way that it stands out from the rest of the elements on the business plan cover page, for example, differentiated by font size , weight or color .

Ideally, the typefaces and their color(s) should be consistent with the brand identity used in all of the other company’s marketing materials.

Do not combine more than two typefaces. It is ok to combine a sans-serif (e.g., Times New Roman) with a sans-serif (e.g., Arial) typeface.

Again, less is definitely more here. Refrain from cluttering the business plan cover sheet with photos and graphics.

If you do use a visual element, make sure to leave enough white space around it so the page does not look too busy.

The resolution of any images, including the company logo, should be of high enough quality to not look pixelated.

There is no need for a fancy over-designed cover page, unless you are a large corporation or perhaps a design agency. Equally, beware of any templates with outdated designs that will make your cover look like it was created back in 1999.

Professional designers often combine different alignments (left / right / center) of elements on a page (text, images) to achieve a desired design effect. However, a design novice should play it safe and keep the alignment simple and consistent , especially when it comes to professional documents, such as a business plan.

You should be able to comfortably fit all of the recommended elements on the cover sheet (e.g., company name and logo, document title, contact details, date, disclaimer), and still leave enough white space on the page.

Making a great first impression does not equal to creating a cover that is graphically busy and cluttered with unimportant details. Instead, set yourself up for success by keeping the business plan cover sheet neat , clean , simple and concise .

Proofreading

Carefully proofread the cover page to avoid, at all costs, any mistakes and typos , which would do you a great disservice in the eyes of the reader. Even better, have someone else to look it over.

Finally, make sure that the cover page looks good in every format you will be distributing the business plan in, probably including a PDF electronic file and a printed hard copy.

Some common issues include:

• Photos look pixelated due to low image resolution
• Colors do not print well (e.g., dark font color on a dark background)
• White space left at the edges of a printout because and image does not stretch (i.e., “bleed” in designer terms) enough into the edges of the page

Most importantly, the cover page should look professional and stand out from the crowd so that your business plan has a better chance of being read.

Finally, remember that these aren’t rigid rules. The overall goal for a cover page is to look neat and professional so that it stands out from the crowd and your business plan has a better chance of being read. In the end, that’s the most important outcome.

The cover sheet is the first thing the readers of your business plan will see. Make a good first impression.

Examples: Sample Images

Here are some examples to further illustrate the structure and format of a business plan cover page:

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Legal Disclaimer

Jump to section, what is a legal disclaimer.

A legal disclaimer is a legal statement or text that states that you and your business are not responsible for something. It can be used to limit liability for specific risks or to make specific disclosures.

A legal disclaimer could be as simple as a statement on your website that everything included is your opinion only and that visitors or readers should not assume that anything there is a fact without independently verifying it.

Businesses have a disclaimer for all kinds of things, usually to limit legal liability and shield the company that has created the disclaimer from legal claims and actions.

Or a disclaimer could be associated with a user and third-party risk, such as a product disclaimer stating that the product manufacturer is not responsible for any losses or injuries related to improper use of the product.

In other words, a legal disclaimer doesn’t go quite as far as a release of liability or a liability waiver , usually signed. Still, it can provide some protection to businesses when it is drafted correctly and depending on the laws of the local jurisdiction.

What’s Included in a Legal Disclaimer?

There are certain terms that will be included in many legal disclaimers, such as a statement of the limitations of liability, a description of the risks involved, or instructions for proper use. However, every business is unique and offers a different mix of products and services to a different group of customers. As such, there’s no hard and fast rule for what should be included in your legal disclaimer.

This kind of legal statement or text should always be customized to your business, taking into account things such as:

• The laws that are in force in the area or areas you operate in
• What kind of business do you have
• What kind of risks might your customers be taking by using your products or services

No blanket legal disclaimer will cover every company for every eventuality, so this really does need to be tailored to your specific situation.

Here is an article to learn more about writing a legal disclaimer.

Purpose of a Legal Disclaimer

The purpose of a legal disclaimer is to ensure that users of your product or service are aware that there is a risk associated with doing so and that they should take care to use the product or service only as intended.

By notifying customers of risk and providing instructions about what they might do to mitigate that risk, you can protect yourself from some legal action if they suffer a loss or injury related to using your product or service.

However, disclaimers cannot protect you from legal action if you make false claims or statements, if your product does not meet quality standards requirements, or if you are providing an illegal product or service.

Legal disclaimers offer protection from some types of legal claims and legal liability, but they are not a silver bullet. So you still need to ensure that you offer the best quality products and services and the most accurate and complete information.

Who Needs a Legal Disclaimer?

Every business that offers products or services to the public should, at the very least, have a legal disclaimer. Disclaimers are more critical to some businesses than others, depending on the specific nature of the business, the applicable laws, and the potential risks involved, but it is rare to find a business that would not benefit from having one.

In some cases, your business might need to go further by requiring customers to sign a liability waiver or release of liability agreement . This kind of document ensures that you can prove that you made the legal statement or text and that your customer read, heard, and understood the contents of those statements.

One example of this might be an operator of a bungee jumping company. It is not enough to have a legal statement or text on your website outlining the inherent dangers of the activity. You should also tell your customers about the risks in person and have a release form that includes information about the risks and is signed and dated by the customer.

A lawyer can usually advise you how far you need to go, whether a legal disclaimer will offer protection, or if you need a waiver and release agreement .

Image via Pexels by Mikael Blomkvist

Examples of Legal Disclaimers

Every business will need a slightly different legal disclaimer based on the products and services they offer, their customers, and where they operate. However, while very disclaimer is different, there are some similarities between the waivers certain types of businesses use. The following are some examples of legal disclaimers.

Legal Disclaimers for Websites

When you own and operate a website, the primary product or service you are offering to visitors is information. As such, your legal disclaimer will usually be related to the information on your website.

Your disclaimer might state that while you do your best to ensure your site contains only factually correct and accurate information, visitors use that information at their own risk and should verify all information independently.

Imagine you run a website offering financial advice, and you have an article about investing that is slightly outdated. Suppose a website visitor uses that obsolete information and suffers a loss. As a result, they might attempt to make legal claims against your website for providing that information.

In that case, a legal disclaimer would offer some protection because the visitor was told to verify all information before using it.

Legal Disclaimers for Emails

We’ve all hit send, only to realize we’ve sent an email to the wrong contact. Usually, the result is nothing but mild embarrassment, but sometimes, there could be severe consequences.

Legal disclaimers for emails usually state that the emails are intended for the named recipient only and should be deleted if received by anyone else. They might also state that any opinions expressed are those of the sender and not necessarily endorsed by the company that employs them.

Many email disclaimers also include information about anti-virus measures and warn recipients only to open attachments if they expect them and trust them. For example, suppose a virus has infected your email network. This could help to protect you from legal liability related to opening infected attachments.

While a legal disclaimer won’t always protect you if you send confidential information to the wrong person, it can still insulate you from some repercussions.

Legal Disclaimers for Products

Legal disclaimers related to products usually tell about the proper use of the product in question. In addition, manufacturers typically include user manuals and information in product packaging when they sell them, but that does not mean people won’t misuse them.

When creating a legal disclaimer for a product, it's important to ensure that you include information about proper and safe use, product limitations, and the potential consequences of improper use.

Remember that a legal disclaimer won’t protect you if your product is inherently dangerous or unsafe. Still, it can protect from claims associated with the user and third-party risk when that user did not use the product correctly.

Legal Disclaimer Sample

Legal disclaimers don’t always have to be a lengthy or complex legal statement or text.

Sometimes, something as simple as “the owner of XYZ Corporation, which owns and operates XYZ.com, does not assume responsibility or liability for any errors or omissions related to the site's content. All information is provided on an “as is” basis, and XYZ Corporation does not guarantee the content's timeliness, completeness, accuracy, or usefulness.

Do Legal Disclaimers Hold Up in Court?

How well your legal disclaimer will hold up in court depends greatly on how well it is written, how much it applies to your business, and whether you have done as much as possible to mitigate risks for your customers.

A legal disclaimer will not protect you if you sell an inferior or unsafe product or provide subpar service. However, it might limit legal claims against your company if you have done as much as possible to provide quality products and services, detailed instructions to your customers, and support if needed.

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