Legal Release Application

LEGAL RELEASE APPLICATION

This Legal Release Application is made on this day of , by and between Applicant Name: whose primary address is (hereinafter "Applicant"), and Releasee Name: whose primary address is .

RECITALS

WHEREAS, Applicant alleges certain claims, demands, or causes of action against Releasee relating to the matters described in Case/File No. , and has submitted a formal request for release of the claims set forth herein; and

WHEREAS, Releasee has reviewed Applicant's submission and is willing, subject to the terms and conditions set forth in this Application and any resulting Release Agreement, to provide the requested release and related consideration; and

WHEREAS, the parties desire to reduce to writing the mutual understandings, representations, and conditions that will govern the requested release.

NOW, THEREFORE, in consideration of the mutual covenants, representations, and other good and valuable consideration set forth below, the parties agree as follows:

1. DEFINITIONS

For purposes of this Application and any Release Agreement executed pursuant hereto:

(a) "Claims" means any and all actions, causes of action, suits, debts, accounts, covenants, contracts, liabilities, obligations, demands, losses, costs, expenses, attorneys' fees, and damages of every nature and description, whether known or unknown, suspected or unsuspected, foreseen or unforeseen, arising out of or relating to the subject matter described in the recitals.

(b) "Effective Date" means the date set forth by the Effective Date fields above.

2. SCOPE OF REQUESTED RELEASE

Applicant requests that Releasee execute a full and final release of Claims as follows: Applicant requests release of the Claim(s) described below. Applicant acknowledges that the requested release, if granted and executed by Releasee, will operate as a complete bar and covenant not to sue against Releasee for the released Claims.

3. CONSIDERATION

As consideration for any release executed by Releasee, Applicant proposes the following consideration (check all applicable):

Monetary payment in the amount of $

Non-monetary consideration (describe):

4. REPRESENTATIONS AND WARRANTIES

Applicant represents and warrants that Applicant is the sole owner of the Claims described, has full authority and capacity to apply for the release, that no other person or entity holds a superior claim, and that Applicant has not previously assigned the Claims to any third party. Applicant further represents that Applicant has not been induced to submit this Application by fraud, duress, or undue influence.

5. CONFIDENTIALITY

Unless otherwise agreed in writing by the parties, the terms of any Release Agreement executed pursuant to this Application shall be confidential and shall not be disclosed to any third party except as required by law or to the extent necessary to enforce the Release Agreement or to obtain professional advice regarding the Release Agreement. Permitted disclosures must be limited to the minimum required.

6. INDEMNIFICATION

Applicant agrees to indemnify, defend and hold harmless Releasee and Releasee's agents, employees, successors and assigns from and against any and all losses, liabilities, claims, demands, costs and expenses, including reasonable attorneys' fees, arising out of any breach of Applicant's representations, warranties or covenants in this Application.

7. NO ADMISSION OF LIABILITY

Any release or settlement executed in connection with this Application shall not be construed as an admission of liability by Releasee, and Releasee expressly denies any liability or wrongdoing.

8. REMEDIES; ATTORNEYS' FEES

In the event of a breach of any material term of a Release Agreement resulting from this Application, the non-breaching party shall be entitled to seek all available remedies at law or in equity, including injunctive relief and recovery of reasonable attorneys' fees and costs incurred in enforcing such Agreement.

9. NOTICES

All notices required or permitted under this Application shall be in writing and shall be delivered to the addresses set forth below by certified mail, return receipt requested, nationally recognized overnight courier, or personal delivery. Notices shall be effective upon receipt.

10. AMENDMENTS; WAIVER

No amendment, modification, or waiver of any provision of this Application shall be effective unless in writing and signed by both parties. Failure by either party to enforce any provision shall not constitute a waiver of that provision or of the party's right to enforce it in the future.

11. GOVERNING LAW

This Application and any Release Agreement executed pursuant to it shall be governed by and construed in accordance with the laws of the State of , without regard to its choice-of-law principles.

12. ENTIRE AGREEMENT; SEVERABILITY

This Application, together with any Release Agreement executed in connection herewith, constitutes the entire understanding between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous agreements, representations, and understandings. If any provision of this Application is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13. COUNTERPARTS; EXECUTION

This Application may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures delivered by electronic means shall be deemed original signatures for all purposes.

CERTIFICATION BY APPLICANT

By submitting this Application, Applicant certifies under penalty of perjury that the information provided is true and correct to the best of Applicant's knowledge, that Applicant understands the legal effect of a release of claims (including the release of unknown claims), and that Applicant has read and understands the terms set forth herein.

I expressly acknowledge that I understand that the release, if granted, will waive any right to pursue the released Claims in any forum and may bar future recovery for those Claims.

Sign Now