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Mutual Release and Termination Agreement

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ROOFING CONTRACT

THIS ROOFING CONTRACT (“Contract"), effective as of the date of the last party to sign below, is between having an address at ("Cont

For valuable consideration the parties hereby agree as follows:

1. SCOPE OF WORK:

New Roof Package:

Shingles Material:

Year of Warranty:

Felt:

Roof Edging:

Chimney Flashing:

Valley Flashing:

Ice and Weather Shield:

Soil Pipe Flash Kit:

Re-Roof Package:

Brand/Color:

Spacing: Nails:

Size/Weight: Nails:

Step Shingle Flashing:

Chimney Counter Flashing:

Roof Fans/Vents:

Rubberized Roofing:

Steel Valley:

2. WORK SITE:

The Project shall be constructed on the property of Owner located at

3. TIME OF COMPLETION:

Contractor shall commence the work to be performed under this Contract on or before and shall su

4. PERMITS:

Contractor shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, the cost thereof shall be included as part of the Project price.

5. INSURANCE:

Contractor shall maintain general liability, workers compensation and builder's risk insurance.

6. SURVEY AND TITLE:

If the Project is near the Owner's property boundary, Owner will point out property lines to the Contractor. If the Owner or Contractor has any doubt about the location of the property lines, Owner shall provide Contractor with boundary stakes through a licensed surveyor. In addition, Owner shall provide Contractor documentation that Owner has title to the Work Site and shall provide Contractor copies of any covenants, conditions, or restrictions that affect the Work Site.

7. CHANGES TO SCOPE OF WORK:

Owner may make changes to the scope of the work, including changes to the drawings and specifications, from time to time during the construction of the Project. However, any such change or modification shall only be made by written "Change Order" signed by both parties. Such Change Orders shall become part of this Contract. Owner agrees to pay any increase in the cost of the Project as a result of a Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, the Contractor shall estimate the cost thereof and Owner shall pay the actual cost whether or not it is in excess of the estimated cost.

8. CONTRACT PRICE:

{COST PLUS}

Owner agrees to pay Contractor the actual cost to Contractor of materials plus the sum of $ for performing the services set forth in the scope of the work.

Contractor shall be paid as follows:

OR

{FIXED FEE}

Owner agrees to pay Contractor the sum of $ for performing the services set forth in the scope of the work.

Contractor shall be paid as follows:

Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due.

9. LATE PAYMENT/DEFAULT:

A failure to make payment for a period in excess of ten (10) days from the due date shall be deemed a material breach of this Contract. If payment is not made when due, Contractor may suspend work on the job until such time as all payments due have been made without breach of the Contract pending payment or resolution of any dispute. Owner agrees to pay a late charge of 1% of all payments that are more than ten (10) days late plus interest at the rate of 1% per month.

10. DESTRUCTION AND DAMAGE:

If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the Project to its condition prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by either party, Contractor shall be excused from further performance under this Contract and Owner shall pay Contractor a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damage.

11. ASSIGNMENT:

Neither party may assign this Contract, or payments due under the Contract, without the other party's written consent. Any such assignment shall be void and of no effect.

12. INTERPRETATION:

(a) Interpretation of Documents. The Contract, drawings, and specifications are intended to supplement one another. In the event of a conflict, the specifications shall control the drawings, and the Contract shall control both. If work is displayed on the drawings but not called for in the specifications, or if the work is called for in the specifications but not displayed on the drawings, Contractor shall be required to perform the work as though it were called for and displayed in both documents.

(b) Entire Agreement. This Contract constitutes the entire agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed under this Contract exists between the parties. This Contract may only be modified only by a written agreement signed by both parties.

(c) Governing Law. This Contract shall be interpreted and governed in accordance with the laws of the State of New Hampshire.

13. ATTORNEYS' FEES AND COSTS:

If any party to this Contract brings a cause of action against the other party arising from or relating to this Contract, the prevailing party in such proceeding shall be entitled to recover reasonable attorney fees and court costs.

14. PERFORMANCE:

(a) Contractor may, at its discretion, engage licensed subcontractors to perform work pursuant this Contract provided Contractor shall remain fully responsible for the proper completion of the Project.

(b) All work shall be completed in a workman-like manner and in compliance with all building codes and applicable laws. To the extent required by law, all work shall be performed by individuals duly licensed and authorized by law to perform said work.

(c) Contractor agrees to remove all debris and leave the premises in broom clean condition.

15. WARRANTY:

Shingles guaranteed under manufacturer's warranty for a period of year(s). Contractor's warranty shall be limited to defects in workmanship within the scope of work performed by Contractor and which arise and become known within year(s) from the date hereof. Contractor agrees to repair any roofing leaks under normally anticipated weather conditions. Ice damming is not a normally anticipated condition. Damage done to the roof system through no fault of the Contractor are not warranted by Contractor. All said defects arising after year(s) and defects in material are not warranted by Contractor. Contractor hereby assigns to Owner all warranties on materials as provided by the manufacturer of such materials.

AGREED:

CONTRACTOR:

Signature

Print Name & Title

Date

License Number

Name and Address of License Holder

OWNER:

Signature

Print Name

Date

NOTICES TO BUYER

NEW HAMPSHIRE LAW, RSA 359-G, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED, REMODELED, OR REPAIRED YOUR HOME. SIXTY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR AND/OR PAY FOR THE DEFECTS. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION.

*Notice applicable only to home solicitation sales:

ANY BUYER MAY CANCEL THIS TRANSACTION ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION

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What a Mutual Release and Termination Agreement Is

The Mutual Release and Termination Agreement is a bilateral contract that simultaneously ends an existing contractual relationship and releases both parties from specified claims and obligations. It identifies contracting parties, references the agreements being terminated, defines the exact scope of released claims (including whether unknown claims are included), documents any consideration or settlement payments, and records an effective termination date. Clauses often address confidentiality, survival of limited provisions, and indemnities. Electronic execution is generally recognized under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, subject to statutory exceptions.

Why Parties Use This Agreement

A Mutual Release and Termination Agreement clarifies responsibilities, allocates risk, and minimizes future disputes by replacing ongoing obligations with a single, binding settlement. Proper drafting reduces litigation exposure, preserves key rights that survive termination, and creates clear evidence of finality for regulators, courts, and business records.

Why Parties Use This Agreement

Common Users and Scenarios

Typical users include businesses, landlords, employers, and individuals closing disputes or ending contracts without litigation.

  • Small and mid-size businesses resolving vendor or service disputes in settlement.
  • Landlords and tenants concluding lease obligations including security deposit claims.
  • Employers and departing employees settling termination or severance-related claims.

Who Signs on Behalf of Parties

Corporate Contract Manager

A corporate contract manager executes mutual terminations under delegated authority, confirms the release language aligns with approvals, coordinates payment mechanics or escrow, and ensures the signed agreement is retained per corporate recordkeeping policies and internal compliance requirements.

Individual Parties

Individuals use these agreements to settle personal or commercial disputes without litigation. They should confirm identity, understand consideration received, and retain signed copies; obtaining independent legal advice is recommended for employment or consumer matters.

Core Components to Include

A professional Mutual Release and Termination Agreement contains clear clauses describing what is released, how termination occurs, and which provisions survive to avoid ambiguity and future disputes.

Release Clause

Precisely describes claims and liabilities each party relinquishes, clarifies temporal scope (past, present, future), and states whether unknown claims are included or excluded to avoid later ambiguity or litigation over interpretation.

Termination Clause

States which prior agreements are terminated, the effective termination date, and procedural mechanics such as required notices, cure periods, and any obligations that continue after termination, like cooperation or transition assistance.

Consideration

Specifies settlement amounts, payment timing, offsets, non-monetary exchanges, and tax treatment when necessary so the release is supported by identifiable and enforceable consideration.

Representations

Each party affirms authority to execute the agreement, absence of undisclosed assignments, and that signing does not breach material third-party obligations or insolvency restrictions.

Confidentiality

Optional confidentiality language limits disclosure of settlement terms, includes standard carve-outs for legal compulsion and tax authorities, and clarifies permitted internal disclosures.

Indemnity & Survival

Identifies provisions that survive termination, allocates indemnity responsibilities, and sets time limits for asserting excluded claims to protect parties after contract conclusion.

Step-by-Step: Preparing and Executing the Agreement

Follow these steps to prepare, review, and execute a Mutual Release and Termination Agreement correctly and reduce enforceability risks.

  • 01
    Prepare Draft: Identify parties, terminated agreements, and release scope.
  • 02
    Confirm Consideration: State payment amounts or other consideration explicitly.
  • 03
    Authorize Signers: Verify signing authority and obtain corporate approvals.
  • 04
    Execute & Store: Collect signatures, notarize if required, retain copies.

Configure Online Workflow Settings

Typical online workflow settings help automate signature order, authentication, and retention of a Mutual Release and Termination Agreement.

Field Configuration
Authentication Method Email link, SMS code, or identity proofing
Signature Order Sequential signing or parallel signing order
Conditional Fields Show or hide fields when clauses apply
Retention Policy Auto-save executed PDF and export audit trail

Where to Send and File the Executed Agreement

After execution, route the signed agreement to all stakeholders and repositories to finalize termination, ensure performance, and preserve evidence.

  • Deliver to Parties: Email signed PDF to all parties and counsel.
  • File Locally: Store executed original or notarized copy in corporate records.
  • Register if Needed: Record with county clerk or court when required.
  • Share with Advisors: Provide copies to accountants, HR, or external counsel.

Digital Signing and Platform Considerations

Choose a platform that supports legal e-signature standards, secure storage, and integrations needed for your enterprise workflow and recordkeeping.

  • Authentication Options: Email, SMS, KBA or SSO
  • Document Formats: PDF, DOCX, with exportable audit trail
  • Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace

Timing and Deadlines to Watch

Key timing considerations for drafting, executing, delivering, and preserving a Mutual Release and Termination Agreement to ensure enforceability.

Effective Date Selection:

Sets when obligations end and tolling begins.

Execution Window:

Specify deadline for signatures that binds all parties.

Notice Periods:

Provide required advance notice where prior contracts demand.

Notarization Timing:

Complete notarization contemporaneously when statute or recording requires.

Record Retention:

Retain executed agreement per retention policy and legal rules.

Key Milestones From Negotiation to Close

A sequential view of milestones helps coordinate negotiation, approval, execution, and archival of the Mutual Release and Termination Agreement.

01

Negotiation Complete

All terms agreed and consideration confirmed.

02

Internal Approvals

Obtain corporate signoff and any board resolutions.

03

Execution

All parties sign and date the agreement.

04

Archival

Store executed copies and export the audit trail.

Essential Information to Include

Party Names: Full legal names as on ID
Addresses: Street, city, state, ZIP
Effective Date: Enter as MM/DD/YYYY
Release Scope: Specify claims and timeframes
Consideration: Amount or description of exchange
Signatures: All parties must sign and date

Common Preparation Mistakes to Avoid

  • Using overly broad or undefined release language that unintentionally waives unrelated claims or fails to carve out necessary exceptions.
  • Failing to tie consideration to the release or listing consideration vaguely as 'good and valuable' without specific payment terms or schedules.
  • Relying on an electronic signature without documenting consent, access, and attribution, which can be challenged under ESIGN for consumer-facing transactions.
  • Neglecting to confirm signatory authority or required corporate approvals, enabling a party to argue the agreement is unauthorized or voidable.

Consequences of Preparing the Agreement Incorrectly

Ambiguous Scope: Unenforceable or litigated
Missing Signature: Document may be invalid
Incorrect Signatory: No authority to bind party
Improper Notarization: May affect recordability
Failed Disclosure: Consumer notices may be required
Retention Failure: Evidence lost for disputes

eSignature Pricing and Core Features Compared

Comparison of common eSignature pricing and core features relevant to executing a Mutual Release and Termination Agreement across typical vendors; signNow is listed first for parity.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions

Answers to common legal and practical questions about preparing, signing, and enforcing a Mutual Release and Termination Agreement.


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