Legal Opt-Out Letter

LEGAL OPT-OUT LETTER

This Legal Opt-Out Letter is made on this date: by and between Client Name: with address: (hereinafter referred to as "Opting Party") and Recipient Name: with address: (hereinafter referred to as "Recipient").

RECITALS

WHEREAS, Opting Party is identified in the matter or agreement titled: ; and

WHEREAS, Opting Party seeks to elect an explicit and timely opt-out of participation in the class, settlement, arbitration, or other collective proceeding described above, as more particularly specified herein; and

WHEREAS, Recipient has authority to accept and acknowledge the Opting Party's election to opt out and to record that election in connection with the referenced matter.

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

1. OPT-OUT ELECTION

1.1 Election. Opting Party hereby expressly elects to opt out of participation in the following (check all that apply):

Class action or class certification     Settlement administration or settlement class     Arbitration proceeding

Data sharing or collective privacy remediation     Other:

1.2 Effective Date of Opt-Out. This opt-out is effective as of the date first written above and applies to any rights, claims, or remedies that would otherwise be subsumed by participation in the class, settlement or proceeding specified in Section 1.1.

2. SCOPE AND EFFECT

2.1 Scope. The Opting Party's election to opt out shall be limited to the specific matter(s) identified in Section 1.1 and shall not, by implication, constitute a waiver of any separate claims or causes of action not expressly covered by that matter.

2.2 Reservation of Rights. Opting Party expressly reserves all rights to pursue individual remedies, litigation, arbitration, or other recourse available under law or contract, subject to any applicable statutes of limitation, tolling agreements, or other procedural rules.

3. REPRESENTATIONS AND WARRANTIES

3.1 Authority. Each party represents and warrants that it has full power and authority to enter into this Opt-Out Letter and to perform its obligations hereunder, and that the individual executing this Opt-Out Letter on its behalf is duly authorized to do so.

3.2 No Conflicting Obligations. Opting Party represents that, to the best of its knowledge, this election does not conflict with any prior agreement, court order, or applicable rule that would prohibit or invalidate the opt-out election.

4. ACKNOWLEDGMENT AND ACKNOWLEDGEMENTS BY RECIPIENT

4.1 Acknowledgment by Opting Party. Opting Party acknowledges that by opting out it may forfeit the ability to participate in or receive benefits under any settlement or collective remedy and accepts all consequences of that election.

4.2 Recipient Duties. Recipient shall promptly record this opt-out election in its records for the referenced matter and shall, within a commercially reasonable time, provide written confirmation of receipt and recording to the Opting Party at the Notices address set forth below.

5. CONFIDENTIALITY

Unless otherwise required by law or court order, the parties agree that this Opt-Out Letter and any communications concerning the opt-out shall be treated as non-public and used solely for the purpose of administrating the opt-out election; provided, however, that nothing herein restricts Opting Party from disclosing this election to its counsel or to any tribunal in which Opting Party pursues individual claims.

6. NOTICES

Notices shall be deemed given when delivered personally, sent by nationally recognized overnight courier, or three (3) business days after deposit in the United States mail, postage prepaid, addressed to the parties at the addresses set forth above or such other address as either party may designate in writing.

7. MISCELLANEOUS

7.1 Governing Law. This Opt-Out Letter shall be governed by and construed in accordance with the laws of the state of without regard to its conflict of laws principles.

7.2 Entire Agreement. This Opt-Out Letter contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, oral or written, concerning the opt-out election.

7.3 Severability. If any provision of this Opt-Out Letter is held to be invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect and shall be construed so as to effectuate the original intent of the parties to the fullest extent permitted by law.

7.4 Amendments; Waiver. No amendment, modification, or waiver of any provision of this Opt-Out Letter shall be effective unless in writing and signed by both parties. The failure of either party to enforce any provision of this Opt-Out Letter shall not constitute a waiver of future enforcement of that or any other provision.

7.5 Counterparts. This Opt-Out Letter 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. Facsimile or electronic signatures shall be treated as original signatures for all purposes.

ACKNOWLEDGMENT

By signing below, the undersigned represent that they are authorized to execute this Opt-Out Letter on behalf of the party for which they sign and that they have read, understand, and accept the terms set forth herein.

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