Coeliac Settlement Agreement

COELIAC SETTLEMENT AGREEMENT

This Coeliac Settlement Agreement (the Agreement) is made and entered into as of Settlement Date: by and between Claimant Name: , residing at Claimant Address: , and Respondent Name: , with principal place of business at Respondent Address: .

RECITALS

WHEREAS, Claimant alleges that on or about the incident described as Incident Date: , Claimant was served food or otherwise exposed to wheat, gluten, or a gluten-containing product at or by Respondent, which allegedly caused symptoms and damages resulting from coeliac disease; and

WHEREAS, Respondent denies liability for the Claim and asserts that it exercised reasonable care consistent with applicable food safety standards, but nevertheless desires to avoid the expense, inconvenience and uncertainty of litigation; and

WHEREAS, the Parties desire to fully and finally resolve all claims, causes of action and disputes arising from or related to the incident described above on the terms and conditions set forth herein.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS

1.1 "Claim" means any demand, action, cause of action, liability, loss, cost or expense, whether known or unknown, that relates to or arises out of the incident described in the Recitals, including claims for personal injury, emotional distress, medical expenses, and related damages.

1.2 "Effective Date" means the Settlement Date identified above.

1.3 "Released Parties" means Respondent and its past and present officers, directors, employees, agents, representatives, insurers, successors and assigns.

2. SETTLEMENT PAYMENT

2.1 Respondent shall pay to Claimant the Settlement Amount described above in full and final satisfaction of the Claim. Payment shall be made as follows (check applicable method and complete fields):

Lump-sum payment to Claimant no later than upon execution of this Agreement.

Installment payments per schedule below:

2.2 All payments shall be made by check or electronic transfer to Claimant at the address or account specified in Notices below. The Settlement Amount shall be the gross amount; any taxes, withholdings or reporting obligations are the responsibility of the party required by law to report or withhold.

3. RELEASE

3.1 Upon receipt of all required payments under this Agreement, Claimant, on behalf of Claimant and Claimant's heirs, agents, representatives, successors and assigns, hereby fully and forever releases and discharges the Released Parties from any and all claims, demands, causes of action, suits, liabilities, damages, costs and expenses of any kind whatsoever, whether known or unknown, suspected or unsuspected, that arise out of or relate to the Claim or the incident described in the Recitals.

3.2 The Parties acknowledge and agree that this release extends to all claims of bodily injury, medical expense, emotional distress, economic loss and other damages claimed or that could have been claimed arising from the incident.

4. NO ADMISSION OF LIABILITY

4.1 This Agreement is a compromise of disputed claims and shall not be construed as an admission of liability or wrongdoing by Respondent, who expressly denies such liability. Neither this Agreement nor any act performed or document executed pursuant to this Agreement shall be admissible as evidence in any proceeding, except to enforce the terms of this Agreement.

5. CONFIDENTIALITY

5.1 Except as required by law or as necessary to effectuate the terms of this Agreement, the Parties shall keep the terms and existence of this Agreement confidential. Disclosure is permitted to attorneys, accountants, insurers and immediate family members on a need-to-know basis provided such persons are informed of the confidentiality obligation.

Notwithstanding the foregoing, the Parties may issue a brief joint statement limited to acknowledging settlement and the absence of admission of liability.

6. REMEDIATION AND COMPLIANCE

6.1 Respondent represents that it has undertaken or will undertake reasonable remedial measures to reduce the risk of gluten cross-contamination, including but not limited to staff training, revised procedures for food preparation, labeling improvements and supplier verification. Respondent shall document such measures and, upon reasonable request, provide a summary to Claimant's counsel.

7. INJUNCTIVE RELIEF

7.1 In the event of a material breach of the confidentiality terms or of Respondent's remediation obligations, the non-breaching Party may seek equitable relief, including injunctive relief, in addition to any other remedies available at law or in equity.

8. INDEMNIFICATION

8.1 Respondent shall indemnify and hold Claimant harmless from any claims, liabilities, costs and expenses arising out of Respondent's material breach of its obligations under this Agreement or from any willful misconduct or gross negligence by Respondent in relation to the incident.

9. REPRESENTATIONS AND WARRANTIES

9.1 Each Party represents and warrants that it has the full power and authority to enter into this Agreement, that the person signing on behalf of any corporate or business entity is authorized to do so, and that this Agreement constitutes a valid and binding obligation enforceable in accordance with its terms.

9.2 Claimant represents that Claimant has not assigned any rights or claims that are the subject of this Agreement to any third party.

10. TAXES AND COSTS

10.1 Each Party shall be responsible for its own attorneys' fees and costs incurred in connection with the negotiation and execution of this Agreement unless expressly provided otherwise. Any tax reporting or withholding required by applicable law shall be the responsibility of the party required to report or withhold.

11. NOTICES

All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a Party may designate by written notice to the other Parties in accordance with this Section.

12. DISPUTE RESOLUTION

12.1 The Parties agree to attempt in good faith to resolve any dispute arising under this Agreement by mediation prior to initiating litigation. If mediation does not resolve the dispute within thirty (30) days of a written request for mediation, the Parties may pursue binding arbitration or litigation as provided below.

12.2 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict-of-law principles.

13. MISCELLANEOUS

13.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, whether written or oral.

13.2 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

13.3 Amendment; Waiver. This Agreement may be amended only by a written instrument signed by both Parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the Party waiving compliance.

13.4 Counterparts; Electronic Execution. This Agreement may be executed in counterparts and may be executed and delivered by electronic means, each of which shall be deemed an original and all of which together shall constitute one instrument.

14. ACKNOWLEDGMENTS

14.1 Claimant acknowledges that Claimant has had a reasonable opportunity to review this Agreement with independent legal counsel of Claimant's choice, that Claimant understands the terms and effect of this Agreement and that Claimant signs this Agreement voluntarily and without duress.

14.2 Counsel for Claimant (if any):

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