Settle a lawsuit out of court with an agreement: Settlement and Release Agreement

Settlement and Release Agreement

This Settlement and Release Agreement ("Agreement") is entered into on by and between , hereinafter ("Complainant"), of , , , and , hereinafter ("Defendant") of , , . (Complainant and Defendant are collectively referred to as "the Parties"). This Agreement is effective upon full execution.

Recitals

Therefore, the parties agree as follows:

AGREEMENT

Payments

Defendant shall pay to Complainant within days of receipt by Defendant's counsel of this Agreement signed by Complainant and his attorney, by certified check all of which shall be mailed to Complainant's attorney, . The payment shall be deemed to include and settle all Claims in connection with this matter including attorney's fees, alleged and statutory penalties.

Complainant shall execute the necessary documents and take all steps necessary to dismiss with prejudice the action described above.

Release

Complainant, on behalf of himself and his heirs, hereby releases and forever discharges as applicable Defendant and Defendant's parents, subsidiaries, franchisors, franchisees, and affiliated companies, and each of their former and present agents, directors, officers, employees, attorneys, and insurers, as well as their heirs and assigns (collectively "Releasees"), from any and all claims of any nature whatsoever, whether known or unknown and whether before a court or an arbitrator, which include but are not limited to, any and all claims between Complainant and Defendant in regards to Case: and any other statutory or non-statutory tort or contractual claim; any claim of a violation of any federal, state, municipal, or local statute, ordinance, or regulation pertaining to the cause of the action (the "Claims"); that Complainant has and may hereafter have against Releasees because of any alleged acts or omissions whatsoever from the beginning of time to the date of the execution of this Agreement.

Complainant understands that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

Section 1542 Waiver

By signing this Agreement, Complainant acknowledges that they have read and fully comprehend Section 1542 of the California Civil Code, which reads as follows: "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, which if known by him or her must have materially affected his or her settlement with the debtor." Complainant waives all rights under California Civil Code Section 1542.

Confidentiality

The parties agree all facts and circumstances surrounding the dispute resolved by this Agreement and the existence, terms, conditions, and negotiation of this Agreement shall be kept strictly confidential.

Litigation Costs and Attorney's Fees

Complainant acknowledges that payment to him of the amount set forth in the paragraph title Payments above is for costs and full settlement of all Claims released herein. The parties shall each bear all other costs and expenses, including litigation costs and attorney's fees that they have and will incur up to and in the execution and administration of this Agreement.

Representations and Warranties

Complainant represents and warrants that there has been no assignment or transfer of any interest in the Claims that he may have against Releasees, and Complainant agrees to indemnify and hold Releasees harmless from any liability, demands, damages, costs, expenses, and attorney's fees incurred by Releasees as a result of any asserted interest in the Claims that he may now have or have had at any time against Releasees if such interest is acquired by assignment, transfer, or otherwise.

Complainant represents and warrants that he has not filed or instituted any claim before any court, administrative agency, arbitrator, or other tribunal against Releasees. Complainant further covenants that he shall not institute or maintain any other claim against Releasees arising from any facts occurring prior to the execution of this Agreement.

The parties agree that in the event of any dispute or proceeding concerning this Agreement, its validity, interpretation, enforcement, or breach, the prevailing party shall recover reasonable attorney's fees and costs in connection with any such dispute.

Governing Law

The parties agree that law shall govern the construction, interpretation, and enforcement of this Agreement.

Severability

The parties agree that if any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction or an arbitrator to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

Entire Agreement

The parties agree that this Agreement contains the entire Agreement of the parties hereto, and supersedes all other Agreements and understandings, whether written or oral, covering the subject matter hereof. The parties warrant that there are no representations, Agreements, arrangements, or understandings, oral or written, between them relating to the subject matter contained in this Agreement which are not fully expressed herein.

Amendments or Modifications

The parties agree that any amendments or modifications to this Agreement shall be deemed null and void unless such amendments and modifications are in writing and signed by Complainant and by the president of Defendant.

Attorney Explanation to Complainant and Defendant