Legal Release of Claims Form

Legal Release of Claims Form

This Release of Claims (the "Release") is made and entered into as of Effective Date: by and between Claimant Name: (referred to herein as "Claimant") and Released Party Name: (referred to herein as "Released Party").

Recitals

WHEREAS, Claimant asserts that Claimant has suffered certain damages or losses arising out of or related to the facts and circumstances described as follows: (the "Dispute");

WHEREAS, the parties desire to settle and resolve finally and completely all claims, demands, causes of action and liabilities arising out of or related to the Dispute without admission of liability by any party; and

WHEREAS, the parties agree that the terms set forth in this Release constitute the full and final agreement between them with respect to the Dispute.

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

For the purposes of this Release: "Claims" means any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, and demands whatsoever, whether known or unknown, suspected or unsuspected, foreseen or unforeseen, in law or in equity.

2. Release

Claimant, on behalf of Claimant and Claimant's heirs, executors, administrators, representatives, agents, successors and assigns, hereby fully, finally and forever releases and discharges Released Party and Released Party's officers, directors, employees, agents, insurers, predecessors, successors and assigns, from any and all Claims that Claimant has or may have against Released Party arising out of or related to the Dispute, whether known or unknown, including but not limited to claims for personal injury, property damage, economic loss, punitive damages, attorneys' fees and costs.

The scope of this Release expressly includes any Claim based on contract, tort, statute, regulation or equity, and includes claims discovered after the Effective Date that arise out of facts or matters existing on or prior to the Effective Date.

3. Consideration

In consideration for the Release provided herein, Released Party agrees to pay Claimant the sum of: $ (the "Consideration") in accordance with the following terms:

4. Known and Unknown Claims; Waiver of California Civil Code Section 1542 (If Applicable)

Claimant acknowledges that Claimant may hereafter discover facts different from or in addition to those now known or believed to be true with respect to the matters released herein. Nevertheless, Claimant expressly and voluntarily waives any and all rights under any statutory or common-law provision similar to Civil Code Section 1542, which provides that a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor. This waiver is an essential part of the consideration for this Release.

5. Representations and Warranties

Claimant represents and warrants that Claimant has the full right, power and authority to enter into this Release and to release the Claims described herein; that Claimant has not assigned or transferred any of the Claims released herein; and that no lawsuit or arbitration proceeding asserting any of the Claims released by this Release is currently pending except as disclosed to Released Party:

6. No Admission of Liability

It is understood and agreed that this Release constitutes a compromise and settlement of disputed claims and that neither this Release nor the furnishing of the Consideration shall be construed as an admission of liability by Released Party, which liability is expressly denied.

7. Indemnification

Claimant agrees to indemnify, defend and hold harmless Released Party from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of, related to, or resulting from any misrepresentation by Claimant in this Release or any breach of Claimant's representations, warranties or covenants herein.

8. Further Assurances

Each party agrees to execute and deliver such further documents and to take such further actions as may be reasonably necessary to effectuate the purposes of this Release.

9. Notices

All notices required or permitted under this Release shall be in writing and delivered to the addresses set forth below (or as later designated in writing):

10. Governing Law

This Release shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles.

11. Entire Agreement

This Release constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, negotiations, representations and understandings, whether written or oral.

12. Severability

If any provision of this Release is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision shall be severed, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

13. Amendments; Waiver

No amendment, modification or waiver of any provision of this Release shall be effective unless in writing and signed by both parties. The failure of any party to enforce any provision of this Release shall not be construed as a waiver of such provision or of the right to enforce such provision in the future.

14. Counterparts and Execution

This Release 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. A facsimile or electronic copy of a signature shall be binding and admissible for all purposes.

15. Certification

Claimant certifies that Claimant has read this Release, understands its terms, and signs this Release voluntarily and with full knowledge of its legal consequences. Claimant acknowledges that Claimant has had the opportunity to consult with independent legal counsel prior to executing this Release.

Optional Election

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