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This Agreement is entered by and between Jonas Adam, individually or collectively as the "Signee" and Jane Smith, as the "Signer", together referred to as the "Parties".
The Contract is dated [the date both parties sign].
The Parties agree that the following agreement is dependent on the terms presented as follow:
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Sometimes, lawsuits hit a point where it is no longer worth the time and energy (not to mention the money) it takes to continue fighting for what you think you deserve. In these circumstances, a Settlement and Release Agreement is a quick and legally binding way to find a swift compromise and an end to the legal battle.
This agreement can also be used for defendants who prefer to settle outside of a court situation. This allows you to resolve the issue before having to spend the money and time going before a judge. As a plaintiff (or person who is filing a lawsuit), this agreement will let you clearly define the terms that you will require before settling. Keep in mind that while a release agreement is generally used to release either parties before any disputes happen, a settlement and release agreement is used after those disputes.
Generally speaking, neither party in a lawsuit wants to be engaged in a drawn out and prolonged legal battle. They cost tons of money in attorney fees, filing fees, and court fees. They also cost time and energy preparing depositions and discoveries. This sample Settlement and Release Agreement template will allow you to clearly and easily define the terms under which you are willing to settle a lawsuit outside of court, and it is a legally binding agreement you can use if one party tries to back out of the agreement or fails to follow through with their obligations.
There are a few different circumstances that might require you to grab a sample Settlement and Release Agreement template. These are great if you want to settle outside of court. A Defendant should use this agreement if they are involved in a lawsuit and wish to settle it outside of court instead of fighting all the charges and hoping for a ruling in their favor.
If you are filing a lawsuit against a business, this might also be a good idea for you. Many businesses would rather settle outside of court than have their good reputation dragged through the press in a public lawsuit. This sample Settlement and Release Agreement template will allow you to clearly define the terms that you would be willing to settle instead of taking them to court, where they may suffer in the eyes of the press.
When people get into legal battles, it can become ugly very quickly. This is especially true if one party is particularly emotionally invested, or feels slighted. This becomes especially complicated in convoluted situations and disputes where things are grey, and both sides have a very strong case in the dispute. A Settlement and Release Agreement can allow both parties to find a compromise instead of prolonged legal battles.
Whether you are the defendant or the one bringing the suit against them, it is in your best interest to find an agreeable and quick end to the dispute. Civil suits are very expensive for both parties. If the other party is willing to discuss your terms and negotiate with you, then you can avoid the time and money on both sides. This is easier than a legal dispute, faster than a legal dispute, and saves both parties a lot of time and effort. It’s highly likely that the other party involved in your suit would also rather settle outside of court and avoid the extra time and money, so if you are willing to negotiate you can use the Settlement and Release Agreement template.
This document is very important. It is legally binding and may end up costing you a lot of money if you do not perform it correctly. That’s why we recommend using our sample Settlement and Release Agreement template as a basis for your claim.
This document needs to be undertaken with the same gravitas that you would use for any other formal legal contract or document. There are a lot of different ways that a settlement might fail or turn south, and you need to make sure that you are careful when assigning terms.
Settlement agreements that are not negotiated well may result in someone losing their career. You may also end up with the dissolution of a partnership or a joint venture, a bad deal, or any number of other issues. So a clearly written Settlement and Release Agreement that prevents you from receiving the settlement money and terms that you thought you had agreed to. Having an attorney draw them up, or at the least using a sample Settlement and Release Agreement template will help avoid these costly mistakes.
You should define the scope of your release. These are the claims that are involved. At the core, a Settlement and Release Agreement is the decision that you are releasing them fro the possibility of a future lawsuit over the claims of your suit. This Settlement and Release Agreement, therefore, must define what the claim is that is being resolved. This needs to cover what you want it to cover and nothing else.
You should consider whether you want to give them a specific release from a single claim or a general release. Specific releases resolve only a specific claim in the issue. If, for example, you are suing because someone failed to pay you the agreed upon and contractually obligated amount for a good or service, then the specific release would resolve that issue. General releases will resolve “any and all claims” that the plaintiff has against the defendant at the time of the Settlement and Release Agreement. If you are worried about future issues, then you can specify that it is a general release that only includes actions taken up to the date of the contract but not any potential future claims if the defendant acts again.
You also need to determine whether the claims will be dismissed with prejudice or without. If you just dismiss claims, ten they can be filed again at a future date. If you dismiss them with prejudice, then they are permanently put to rest and may never be reopened.
You also want to include both parties that are included in the release. If, for example, the dispute is over a license or patent, then you may want to make sure that all of your companies are protected by the release so the plaintiff can’t sue all of your business partners for the same reason individually. However, a plaintiff could justifiably ask for a much larger settlement in order to release all companies rather than just one.
You also need to clearly define your terms. Make sure that both parties negotiating for the Settlement and Release Agreement have the legal authority to enter into this legally binding contract and make those decisions. Finally, plan for contingencies and insist upon confidentiality.