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UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF [_PARISH_]
RELEASE AND INDEMNITY AGREEMENT
Before the undersigned Notary Public, duly commissioned
and qualified, and in the presence of the undersigned
witnesses, personally came and appeared:
[_APPEARER_1_] and [_APPEARER_2_] , husband and wife
domiciled in [_Appearer_Parish_] , whose present mailing
address is [_Appearer_Address_] ; hereafter referred to
jointly as "Appearers";
who acknowledged receipt of the sum of [_$Payment_] paid by
[_RELEASED_] to Appearers, and further declared that for and
in consideration of the payment of the aforesaid amount, they
do release, acquit and forever discharge [_RELEASED_] ,
[_its_their_] executive officers, employees, directors,
subsidiaries, parent corporations, reinsurance carriers, and
managing brokers (hereafter referred to collectively as "the
Released Parties") of and from any and all past, present,
and/or future claims, actions, demands, rights, damages,
causes of action and rights of action whatsoever, known and
unknown, anticipated and unanticipated, to which Appearers may
be entitled, in any way resulting from and/or to result from
that certain accident which occurred at [_Location_] on or
about [_Accident_Date_] involving [_Describe_] , and especially
from the causes of action asserted in that action captioned
[_Caption_Docket_Court_] , and/or in any way resulting from or
to result from injuries to either of Appearers, or any of the
consequences of the foregoing, and any and all damages of
whatsoever kind or character which may have been and/or which
might in the future be sustained by Appearers in any way
resulting from and/or to result from the aforesaid accident.
Appearers authorize and instruct their counsel of record in
that litigation referred to above to execute and file in the
litigation referred to above a dismissal with full prejudice
of all claims asserted therein against the Released Parties or
any of them.
It is however, understood that Appearers do not release
from liability and expressly reserve for themselves any and
every right, claim or cause of action arising out of or
resulting from the above referred to accident, that they may
now have or may hereafter have against any firm, person or
corporation other than the Released Parties.
It is further understood that Appearers do hereby
specifically release and forever discharge [_INSURER_] of and
from any and all claims, damages or causes of action arising
from the accident referred to above under any provisions or
clauses in the policy number [_Policy_No._] issued by
[_INSURER_] to [_Insured_] .
Appearers further declared that they are the only persons
entitled to receive the payment described above and grant the
release granted herein, and further agree to defend, indemnify
and hold harmless the Released Parties from and against any
claims asserted or to be asserted by any party, person, firms
or corporations arising out of the accident described above.
It is understood and agreed that this payment is made in
settlement of a disputed matter and by way of compromise
agreement to avoid litigation and is not to be construed as an
admission of liability of any nature whatsoever on the part of
the Released Parties; that in making this settlement and
release Appearers are relying wholly on their own judgment,
belief and knowledge of the nature, extent and duration of the
injuries and/or damages sustained by them together with the
advice of [_Counsel_] .
Appearers have executed this Release and Indemnity
Agreement freely and without duress, economic or otherwise.
This Release and Indemnity Agreement is contractual in nature
and not a mere recital.
THUS DONE AND PASSED on [_Date_] at [_City_Parish_] ,
State of Louisiana, the undersigned parties having affixed
their signatures in the presence of me, Notary, and the
undersigned witnesses after due reading of the whole.
WITNESSES:
_______________________ __________________________
[_APPEARER_1_]
_______________________ __________________________
[_APPEARER_2_]
__________________________________
[_NOTARY_] , NOTARY PUBLIC
* * * * * * * * * *
RELEASE AND INDEMNITY AGREEMENT : This is a release of a tort
claim on which suit has been filed. The release contains
indemnity language and authority for dismissal.
WORD KEY : EXPLANATION :
[_PARISH_] Parish in which release is
executed.
[_APPEARER_1_] Name of injured party. In this
case, the injured party is a
married man.
[_APPEARER_2_] Name of spouse of injured party.
[_Appearer_Parish_] Parish of appearers' domicile.
[_Appearer_Address_] Mailing address of appearers.
[_$Payment_] Sum paid for release (with $).
[_RELEASED_] Party or parties in whose favor
release is granted.
[_its_their_] As appropriate.
[_Location_] Location of accident.
[_Accident_Date_] Date of accident.
[_Describe_] Describe accident.
[_Caption_Docket_Court_] Caption, docket number and court
of litigation.
[_INSURER_] Insurer in policy sued on.
[_Policy_No._] Policy number of policy sued on.
[_Insured_] Insurer in policy sued on.
[_Counsel_] Identify claimants' counsel of
record.
[_Date_] Date release is signed.
[_City_Parish_] City and parish in which release
is signed.
[_NOTARY_] Notary before whom release is
signed.
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