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Sample Automobile Accident Release Incorporating Statutory Waiver Language |
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SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Release") is made and entered into as of this ____ day of ___________, by ___________________, on behalf of him/herself and his/her representatives, predecessors, successors, insurers, attorneys and assigns (collectively "Releasors"). RECITALS WHEREAS, on or about ____________, _______________suffered various bodily injuries at _________________________________ in ______________________ (the "Accident"). WHEREAS, ______________ commenced a lawsuit against _____________ and ____________________ entitled ______________________________________, Docket No. _________, filed in the ____________ County Superior Court, wherein he/she sought monetary damages from ___________________________________________________ _______________________________________ arising from the injuries (the "Lawsuit") and WHEREAS, _______, and _____________________, deny and continue to deny any liability to Releasors for claims arising out of or related to the accident, the lawsuit and desire to purchase their peace and to avoid the problem and expense of further litigation; and WHEREAS, Releasors have agreed to enter into this Release in order to provide for certain payments in full, final and complete settlement, satisfaction and discharge of any and all past, present or future claims which are or which might have been the subject of the lawsuit upon the terms and conditions set forth herein; and WHEREAS, Releasors desire to remise, release, acquit and forever discharge _________ ____________________________________and ________________________________, their respective past, present and future employees, partners, officers, directors, shareholders, principals, parents, direct or indirect subsidiaries and subsidiaries thereof, affiliates, divisions, agents, representatives, predecessors, successors, insurers, attorneys and assigns (collectively "Releasees.)" NOW THEREFORE, Releasors agree as follows: 1. RELEASE BY RELEASORS. In consideration of the payment of _________________________ ($_________) (the "Payment"), the receipt and sufficiency of which is hereby acknowledged, Releasors do hereby fully, finally, and completely remise, release, acquit and forever discharge the Releasees of and from any and all past, present or future claims, demands, obligations, lawsuits, actions, causes of action, loss of consortium claims, wrongful death claims, rights, damages, costs, expenses and compensation of any kind or nature whatsoever, known or unknown, foreseen or unforeseen, direct or indirect, fixed or contingent, whether based on a tort, contract or other theory of recovery, and regardless of the theory of damages, which Releasors ever had, now have, or which may hereinafter accrue or otherwise be acquired on account of, or in any way growing out of, related to, or arising from, in any manner or fashion, the Accident and/or Lawsuit. This release on the part of Releasors shall be a fully binding and complete settlement between Releasors and Releasees. In addition, it is specifically understood and agreed that the Payment is intended to compensate the Releasors for pecuniary damages and other elements of general damage and economic and non-economic damages that are uncertain in amount and that Releasors specifically agree that in consideration of the Payment, Releasors release any and all claims that they ever had, now have or may have for all items or damages, whether general or specific or punitive or exemplary, based upon, resulting from, arising out of, relating to, or connected directly or indirectly to the Accident and/or Lawsuit. 2. SETTLEMENT NOT AN ADMISSION OF Liability. Releasors agree that this Release is the compromise of doubtful and disputed claims and that the Payment made is not to be construed as an admission of liability, negligence, willful and wanton conduct, or fault of any kind whatsoever by Releasees, nor the validity of any claim to damages, but is to be construed as a compromise and settlement of all issues for purposes of avoiding controversy, litigation and expense. Releasors further agree that all claims or allegations of fault, liability, negligence, and legal responsibility have been and are denied by Releasees. 3. INDEMNIFICATION BY RELEASORS. Releasors, in consideration of the promises set forth herein, the receipt and sufficiency of which is hereby acknowledged, hereby agree to defend, indemnify and hold harmless Releasees against any and all claims, demands, and causes of action, including, but not limited to claims for contribution and indemnity, based upon allegations of negligence, strict liability or any other allegation of fault by Releasees that are asserted by any person or entity that the Releasors may make a claim against on account of, based upon, relating to or arising out of the Accident and/or Lawsuit. 4. ATTORNEY'S FEES AND COURT COSTS. As between Releasors and Releasees, each party shall bear its own attorneys fees and expenses and court costs incurred in connection with the Accident and/or Lawsuit, this Release, the matters and documents referred to herein, the entry of a final judgment and all related matters. 5. RELEASORS' REPRESENTATIONS AND WARRANTIES. In return for the foregoing consideration, the Releasors hereby warrant and represent that they are the sole owners of any claims, rights, counts, causes of action, obligations and demands released by the Releasors pursuant to this Release and which are in fact, released by the Releasors pursuant to this Release and that no other persons or entities have any interest in any claims, rights, counts, causes of action, obligations or demands which the Releasors release pursuant to this Release and further covenant that they have not assigned any claims they may have against the Releasees to any person or entity. 6. EXECUTION. Releasors represent and warrant that the person executing this Agreement is duly authorized to do so, that this Agreement constitutes a valid and binding obligation and that it is authorized to act on behalf of all persons or entities described in this Release's definition of Releasors concerning all matters addressed in this Agreement. 7. SUCCESSORS. This Release shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 8. ENTIRE AGREEMENT. Releasors hereby agree and represent that no promise or agreement not herein expressed has been made to them, and that this Release contains the entire understanding of the Releasors regarding the matters contained herein and that the terms of this Release are contractual and not merely a recital. 9. CONFIDENTIALITY. As part of the consideration for settlement of this case, the Releasors for themselves and on behalf of their attorneys, hereby agree that the amount of settlement, the terms of the settlement, the names of the parties involved and the facts and circumstances surrounding this Release, the Incidents and Lawsuit shall not be disclosed, released or
publicized in any manner to any third party. It is agreed that this confidentiality provision may be the subject of enforcement, including costs and attorneys' fees, in any state in which the Releasees reside or conduct any business activities and that a willful violation of this confidentiality agreement may result in court ordered sanctions.
IN WITNESS WHEREOF we have set our hand and seal this ______________ day of ______________, 19____, intending to be bound thereby.
Title:__________________________
STATE OF_____________________
On the____ day of , _________________, l9____ before me personally appeared ______________________ to me known to be the person(s) named herein and who executed the foregoing Release and ______ acknowledged to me that ________ voluntarily executed the same.
My Term expires: _________________________ NOTARY PUBLIC |
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