Minor Settlement Agreement

MINOR SETTLEMENT AGREEMENT

This Minor Settlement Agreement (the Agreement) is made and entered into as of by and between Claimant Name: , by and through Guardian/Parent Name: , on behalf of Minor: (collectively, the Claimant), and Respondent Name: (the Respondent). The Claimant and Respondent are each a Party and collectively the Parties.

RECITALS

WHEREAS, an incident occurred on or about giving rise to claims by or on behalf of the Minor against the Respondent for personal injuries, damages, or other losses; and

WHEREAS, the Parties desire to fully and finally settle and resolve all claims, demands, causes of action, and rights of recovery that the Claimant, the Minor, or the Guardian may have against the Respondent arising out of or related to the incident described above, subject to the terms and conditions set forth in this Agreement; and

WHEREAS, the Parties intend that this Agreement constitute a final compromise and settlement of disputed claims and that neither party admits liability or fault by entering into this Agreement.

NOW, THEREFORE

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

1. SETTLEMENT PAYMENT

1.1 Settlement Amount. Respondent agrees to pay and fund a total gross settlement amount of $ (the Settlement Amount), subject to the deductions, allocations, and disbursements set forth in this Agreement.

1.2 Payee and Allocation. The Settlement Amount shall be paid to: Payee Name: . Of the Settlement Amount, the Parties agree that $ shall be paid to Claimant's counsel for attorneys' fees and $ for costs, with the remainder to be distributed for the benefit of the Minor as set forth below.

1.3 Payment Terms. Payment of the Settlement Amount shall be made as follows: . If payment is by check, check shall be delivered to: .

2. MINOR'S FUNDING, GUARDIAN, AND COURT APPROVAL

2.1 Court Approval. The Parties acknowledge that, to the extent required by applicable law, this Agreement and the distribution of any portion of the Settlement Amount for the benefit of the Minor are subject to court approval. The Guardian shall apply for any required judicial approval, and the Parties shall cooperate in seeking such approval. The obligation of Respondent to complete payment is conditioned upon receipt of all necessary court approvals only where such approvals are a legal prerequisite to disbursement.

2.2 Blocked Account or Trust. Unless otherwise directed by order of the approving court, funds allocated to the Minor shall be managed as follows: deposit into a blocked account, guardianship/conservatorship account, or structured settlement arrangement as appropriate. Responsible Guardian: .

3. RELEASE BY CLAIMANT

3.1 General Release. In consideration of the payments and other consideration described in this Agreement, the Claimant, on behalf of the Minor, the Guardian, and on behalf of each of their heirs, executors, administrators, insurers, attorneys, agents, successors, and assigns, hereby fully, finally, and forever releases, acquits, and discharges the Respondent and its past and present parents, subsidiaries, affiliates, insurers, attorneys, agents, employees, representatives, successors, and assigns (each a Released Party) from any and all claims, demands, damages, actions, causes of action, liabilities, obligations, and suits of any kind whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or related to the incident described in the Recitals through the Effective Date of this Agreement.

3.2 Specificity Regarding Minor. This release specifically includes any claim the Minor may have arising out of the incident, whether arising during minority or upon reaching majority, and includes claims for medical expenses, pain and suffering, loss of enjoyment of life, future care, future lost earnings, and incidental damages.

4. COVENANT NOT TO SUE

The Claimant covenants and agrees not to commence, prosecute, or cause to be commenced or prosecuted any action or proceeding against any Released Party arising from the matters released in Section 3. This covenant applies to all claims asserted or that could have been asserted as of the Effective Date.

5. NO ADMISSION OF LIABILITY

This Agreement is a compromise of disputed claims and shall not be construed as an admission of liability or fault by any Party. Neither this Agreement nor the payment of any portion of the Settlement Amount shall be admissible as evidence of liability in any proceeding, except to enforce the terms of this Agreement.

6. ATTORNEYS' FEES, COSTS, AND TAXES

6.1 Attorneys' Fees and Costs. The Parties acknowledge that attorney fees and costs have been negotiated and shall be paid as set forth in Section 1.2. Counsel for Claimant represents that any fee arrangement has been disclosed to the Guardian and, to the extent required by law, approved by the appropriate judicial authority.

6.2 Taxes. Each Party shall be responsible for its own federal, state, and local taxes arising out of or related to the settlement payments, except that any tax obligations imposed on the Minor's funds shall be addressed in accordance with applicable tax law and the allocation described in Section 1.2.

7. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants to the other that it has the full right, power, and authority to enter into this Agreement and to perform its obligations hereunder; that the individual(s) executing this Agreement on behalf of a Party have been duly authorized to do so; and that no other person or entity must consent to or approve this Agreement except as may be required by law or court order.

8. CONFIDENTIALITY

Except as required by law or court order, the Parties shall treat the terms, amount, and circumstances of this settlement as confidential and shall not disclose them to any third party, except to the Parties' attorneys, accountants, insurers, or as otherwise reasonably necessary to effectuate the terms of this Agreement. If confidentiality is not desired, check here: .

9. NOTICES

All notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by certified mail, return receipt requested, or by nationally recognized overnight delivery service, to the addresses provided above or such other address as a Party may designate in writing.

10. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may be amended or modified only by an instrument in writing signed by all Parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the Party against whom the waiver is asserted. 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.

11. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

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

11.2 Entire Agreement. This Agreement contains the entire agreement and understanding of the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations, and understandings, oral or written, relating thereto.

11.3 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed so as to give effect to the original intent of the Parties to the maximum extent permitted by law.

12. MISCELLANEOUS

The Parties acknowledge that they have read and understand the terms of this Agreement, that they have had the opportunity to consult with independent counsel, and that they voluntarily and knowingly enter into this Agreement intending to be legally bound.

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