Legal Assault Document

Legal Assault Document

This Legal Assault Document (this "Agreement") is made and entered into as of Effective Date: by and between Party A: with address , and Party B: with address .

Recitals

WHEREAS, on or about at or near (the "Incident"), an alleged physical altercation occurred involving the parties; and

WHEREAS, the parties desire to set forth their agreement regarding the facts, reporting, resolution, and any release or reservation of claims arising from the Incident; and

WHEREAS, the parties intend for this Agreement to memorialize the terms of any legal release, cooperation obligations, confidentiality, and remedies for breach without constituting an admission of liability by either party.

Now Therefore

NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:

1. Definitions

1.1 "Claim" means any and all claims, demands, actions, causes of action, suits, liabilities, obligations, losses, expenses, and damages of any kind, whether known or unknown, arising out of or related to the Incident.

1.2 "Released Parties" means the party executing this Agreement in favor of the other party and that party's agents, employees, insurers, representatives, heirs, successors and assigns.

2. Incident Statement and Acknowledgments

2.1 Incident Description: Each party shall provide a written summary of their account of the Incident. Party A statement:

Party B statement:

2.2 Police Report: A police report was filed: Yes Report/Case No.:

3. Release and Covenant Not to Sue

3.1 Release by Party A: In consideration of the promises and payments set forth herein, Party A hereby releases, remises and forever discharges Party B and the Released Parties from any and all Claims that Party A has or may have against Party B arising from or relating to the Incident, whether known or unknown, excluding only those Claims that cannot be released as a matter of law.

3.2 Release by Party B: In consideration of the promises and payments set forth herein, Party B hereby releases, remises and forever discharges Party A and the Released Parties from any and all Claims that Party B has or may have against Party A arising from or relating to the Incident, whether known or unknown, excluding only those Claims that cannot be released as a matter of law.

3.3 The releases set forth in Sections 3.1 and 3.2 are mutual and intended to be full and final, except that they shall not operate to bar criminal prosecution by governmental authorities or to restrict any party's obligation to comply with lawful subpoenas or court orders.

4. Consideration

4.1 As consideration for the mutual releases and covenants in this Agreement, the parties agree the following shall be provided: Monetary Payment (if any): $ to , payable according to the schedule: .

4.2 The parties acknowledge that the consideration recited in Section 4.1 is adequate and accepted in full satisfaction of the terms set forth herein.

5. Confidentiality

5.1 Except as required by law, neither party shall disclose the terms, amount or existence of this Agreement to any third party without the prior written consent of the other party. Disclosure to each party's legal counsel, tax advisors, insurers, or for filing with a court as required by law is permitted.

5.2 A breach of confidentiality shall entitle the non-breaching party to seek injunctive relief, specific performance, and recovery of damages, including reasonable attorneys' fees and costs.

6. Representations and Warranties

6.1 Each party represents and warrants that they have the full right, power and authority to enter into this Agreement and to perform the obligations herein, that they execute this Agreement voluntarily, and that the execution does not violate any agreement or obligation to any third party.

6.2 Each party further represents that they have not assigned, transferred, or otherwise disposed of any Claim released under this Agreement.

7. Indemnification

7.1 Each party agrees to indemnify, defend and hold harmless the other party and the other party's officers, directors, agents, employees, and insurers from any loss, liability, damage or expense (including reasonable attorneys' fees) resulting from any breach of this Agreement, including any false representations or willful misstatements made in any incident statement.

8. Cooperation with Authorities

8.1 The parties acknowledge that this Agreement does not prevent either party from cooperating with law enforcement or from providing truthful testimony in any criminal proceeding. The parties shall cooperate in good faith with lawful investigations and proceedings.

9. Remedies for Breach

9.1 In the event of a material breach of this Agreement, the non-breaching party shall be entitled to all remedies at law and in equity, including injunctive relief and damages. The prevailing party in any action to enforce this Agreement shall be entitled to recover reasonable attorneys' fees and costs.

10. No Admission of Liability

10.1 The parties acknowledge and agree that this Agreement is entered into to avoid further dispute and expense and shall not be construed as an admission of liability, fault, wrongdoing, or violation of law by any party.

11. Notices

11.1 All notices shall be in writing and shall be deemed given upon personal delivery, one business day after delivery to a nationally recognized overnight courier, or three business days after deposit in the United States mail, certified mail, return receipt requested, addressed to the parties at the addresses set forth above or such other address as a party shall designate by notice.

12. Amendments; Waiver; Counterparts

12.1 This Agreement may be amended or modified only by a written instrument executed by both parties. No waiver of any term or breach shall be effective unless in writing signed by the party against whom enforcement is sought.

12.2 This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Faxed or electronic signatures shall be deemed original for purposes of enforcement.

13. Governing Law; Severability; Entire Agreement

13.1 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.

13.2 Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect and the parties shall negotiate in good faith to replace the invalid provision with a valid provision achieving, to the extent possible, the intended economic and legal effect.

13.3 Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written.

14. Additional Acknowledgments

14.1 Each party acknowledges that they have been given adequate opportunity to review this Agreement, that they have had the opportunity to seek the advice of independent legal counsel, and that they enter into this Agreement voluntarily and with full knowledge of its legal consequences.

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