SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement (“Agreement”) is made and entered into as of this ____ Day of _________, by and between: (1) ____________ (Them), and (2) ________ (You)(hereinafter collectively “Released Parties”).
WHEREAS, _______claims he allegedly suffered damages as a result of __________________________(describe the allegations) on or about ___________(date)at _________(location) (the “Incident”), which claim Released Parties deny; and
WHEREAS, the parties wish to resolve and settle all of their past, present and any future claims, disputes and controversies, including but not limited to those relating to the subject matter of the above-referenced claim;
NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Recitals. The foregoing Recitals are incorporated into and constitute a part of this Agreement.
2. No Admission of Liability. This Agreement is entered into as an expedient and cost-effective alternative to costly litigation
. The parties make no admission of liability, express or implied, by entering into this Agreement.
3. Released Parties Payment to __________. Released Parties, in exchange for the releases set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree to pay _________ the total amount of Five Hundred Dollars ($500.00), and which payment ____________ hereby accepts and agrees he has received, upon the exchange of this Agreement.
4.1. ________ Release of Released Parties. For and in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which if hereby acknowledged, and upon the full execution of this Agreement, __________on behalf of himself, his agents, heirs, administrators, attorneys, successors and assigns, does hereby release, acquit, forever discharge and hold harmless Released Parties, their stockholders, officers, directors, employees
, agents, insurers, attorneys, predecessors, successors and assigns, of any from any and all matters, debts, dues, sums of money, covenants, controversies, agreements, promises, trespasses, damages, losses, expenses, costs, liabilities, obligations, claims, demands, grievances, suits, causes of action, complaints, judgments, decrees, executions of whatever kind, in law or in equity, absolute, contingent, likely or unlikely, known or unknown, which have existed from the beginning of time to the date of this Agreement, including but not limited to all claims asserted or which could have been asserted in connection with the Incident and any and all claims arising out of any injuries related in any way to the Incident.
4.2.Extent of Release. The release set forth in this Section 4 is intended to have the broadest possible application and includes, but is not limited to, any tort
, common law, constitutional or other statutory claims arising out of any federal, state or local laws. The release set forth herein shall apply to the present and future officers, directors, stockholders, attorneys, agents, insurers, servants, members, representatives, employees, subsidiaries, subcontractors, contractors, affiliates, partners, family members, predecessors, and successors in interest and assigns of the parties.
5. No Acceptance of Liability. ________________ agrees that the liability of Released Parties, if any, is expressly denied and that payment of consideration for this Agreement is not to be considered an admission of liability.
6. Agreement Regarding Publicity. ______________ agrees that in exchange for the consideration paid herein that it will not make any statement to any third party, including on the internet, that would put or tend to put Released Parties in a bad light. __________ agrees that should it violate this provision of the settlement agreement is will cause Release Parties damages which cannot be easily quantified, and thus agrees to pay Release Parties $________ for each statement so made, and will agree that _______ may be enjoined from further statements by a court of competent jurisdiction.
6. Attorney’s Fees. Callahan and the Released Parties agreed that should any action be taken by either party to enforce this Settlement and Release Agreement, the enforcing party shall be entitled to reasonable attorneys’ fees and costs from the breaching party upon a determination by any court of competent jurisdiction that the breaching party has violated this Settlement and Release Agreement
7. Costs and Expenses. The parties shall be responsible for their respective attorneys’ fees and costs and expenses incurred in this matter.
8. Controlling Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of __________. The parties hereby irrevocably consent to personal jurisdiction and venue in the ________________(your local court), for any and all Claims arising out of this Agreement over which that court has subject matter jurisdiction.
9. Amendments. This Agreement cannot be altered or otherwise amended except by written instrument signed by all of the parties hereto.
10. Entire Agreement. The parties acknowledge and agree that this Agreement constitutes the full, complete, and entire agreement or the parties and that there are no other representations
, covenants, warranties, or other agreements binding of the parties that are not expressly set forth herein.
11. Rule of Construction. The parties acknowledge and agree that they have each had the opportunity to have this Agreement reviewed by counsel of their choosing. Therefore, the normal rule that ambiguities are construed against the drafter shall not apply in connection with the interpretation and construction of this Agreement.
12. Survival. Should any part of this Agreement, for any reason, be declared invalid, such decision will not affect the validity of any remaining portion, which remaining portion shall remain in full force and effect as if this Agreement had been executed with the invalid portion thereof eliminated.
13. Counterpart Signatures. This Agreement may be executed in one or more counterparts, including by facsimile, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
AGREED TO ON THE DATE OF EXECUTION BELOW:
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