Mutual Release and Settlement Agreement
An introduction to our settlement template:
As a public service, we provide a template for a settlement agreement that
we frequently employ in our cases. If you are considering settling a case
you should seek legal advice from an experienced
personal injury lawyer or wrongful death lawyer to understand the rights you may be giving
up as part of the settlement. This includes whether you want to employ
a modified form of this template or have to sign a release sent to you
by an insurance company.
We are happy to discuss your case to see if you or your client might be
entitled to more than you are being offered.
Call us at (877) 398-5398 for a free initial consultation.
Mutual Release and Settlement Agreement
This Mutual Release and Settlement Agreement (“Agreement”)
is entered into between the following parties (“the Parties”):
[Plaintiff Name] (“Plaintiff”), and defendant [Defendant Name] (“Defendant”).
Plaintiff filed a civil action against Defendant,
[County Name] County Superior Court Case Number
[Case number] (the “Civil Case”).
To avoid the time and expense of litigation, the Parties want to resolve
their differences and reach an end, compromise, and settlement for all
disputes existing and potentially existing between them from the Incident.
In consideration of the mutual execution of this Agreement and the releases
and promises made in the Agreement by the Parties, the Parties agree as follows:
1. In exchange for complete resolution of this matter, Defendant shall
pay to Plaintiff
[Settlement amount in numbers and spelled out]. This payment (the “Settlement Funds”) will be paid in trust
for the benefit of Plaintiff to “Rouda Feder Tietjen & McGuinn”
upon execution of this Agreement and completion of the terms outlined
in paragraph 2. Rouda Feder Tietjen & McGuinn’s Tax Identification
Number is 94-2854660.
2. Rouda Feder Tietjen & McGuinn (“Plaintiff’s Attorney”)
shall provide the original of this Agreement, executed by Plaintiff, to
Defendant’s attorney. Defendant’s attorney will then have
the Settlement Funds sent to Plaintiff’s Attorney. Upon receipt
of the Settlement Funds by Plaintiff’sAttorney, and subject to those funds clearing the bank and becoming available for
disbursal by Plaintiff’s Attorney, Plaintiff shall submit to Defendant
a signed Request for Dismissal of the Civil Case with prejudice as to
the entirety of the Civil Case, with each side to bear their own attorneys’
fees and costs. Plaintiff further agrees that she will not attempt to
refile the Civil Case, or any portion of it in the same or any other jurisdiction.
Once the foregoing has occurred, Plaintiff’s Attorney may disburse
funds from the Settlement Funds to Plaintiff.
3. Plaintiff further agree that upon receipt by Plaintiff’s Attorney
of the Settlement Funds, Plaintiff will indemnify and defend Defendant
against any liens for services provided to Plaintiff arising out of the
injuries and claims referenced in the Civil Case. Plaintiff will release
and hold Defendant and its insurers free and harmless from any and all
4. It is further understood and agreed by the Parties that all rights under
section 1542 of the California Civil Code, and any similar law of any
state or territory of the United States, are hereby waived as to claims
which those parties released do not know or suspect to exist at the time
they execute this release. This section reads as follows:
A general release does not extend to the 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.
The Parties agree as a further consideration and inducement for this compromise
and release of claims that the releases contained in this Agreement shall
apply to all unknown and unanticipated injuries and damages resulting
from said accident, as well as those now disclosed.
5. This Agreement constitutes a compromise, settlement, and release of
disputed claims and is being entered into solely to avoid the burden,
inconvenience, and expense of litigating those claims. No Party to this
Agreement admits any liability to the other Party with respect to any
such claim or any other matter. Each Party expressly denies liability
as to every claim, which may be asserted by the other Party. Therefore,
this Agreement is not to be and shall never be construed or deemed an
admission or concession by any of the Parties hereto of liability or culpability
at any time for any purpose concerning any claim being compromised, settled,
and released, or any other matter.
6. The Parties agree to act in good faith and to cooperate fully with each
other in carrying out the intent of this Agreement, and for that purpose
agree to execute all additional documents as may prove reasonably necessary
to accomplish that intent.
7. The Parties shall each bear their own costs and attorney fees incurred
in connection with this Agreement, and each waives the right to make a
claim against the other for such costs, attorney fees or any other expenses
associated with the matters being settled here.
8. The failure of any Party at any time to require performance of any provision
of this Agreement shall not limit that Party’s right to enforce
the provision, nor shall any waiver of any breach of any provision constitute
a waiver of that provision itself.
9. This Agreement shall inure to the benefit of and shall be binding upon
each of the Parties here and their respective agents, representatives,
executors, administrators, trustees, personal representatives, partners,
directors, officers, shareholders, agents, attorneys, insurers, employees,
representatives, predecessors, successors, heirs and assigns.
10. The Parties agree that the laws of the State of California shall be
utilized in construing this Agreement and in enforcing the rights and
remedies of the Parties. Any litigation arising out of a dispute concerning
the Agreement shall be litigated in
[County where lawsuit was filed], California. The Parties agree to venue in that jurisdiction for all such
disputes concerning this Agreement.
11. If any suit or action or other proceeding is commenced to enforce or
interpret any of the terms or provisions of this Agreement, the prevailing
Party in such suit or action or other proceeding shall be entitled to
an award against the other Party for the prevailing Party’s reasonable
attorney’s fees and costs incurred both at trial and on any appeal.
12. The provisions here are not intended for the benefit of any third party,
but solely for the parties to this Agreement.
13. The undersigned Parties each further expressly warrant and represent
to one another as follows:
13.1 They have read this Agreement and have consulted with their respective
attorneys concerning its contents and legal consequences and have requested any
change in language necessary or desirable to effectuate their intent and
expectations so that the rule of construction of contracts construing
ambiguities against the drafting party shall be inapplicable;
13.2 They have investigated the facts to the extent that they have deemed
necessary in their sole discretion and have assumed any risk of mistake
of fact and any facts proven to be other than or different from the facts
now known to any of the Parties and therefore intend this Agreement to
be binding without regard to any mistake of fact or law relating to the
subject matter of this Agreement;
13.3 The Agreement is being executed solely in reliance on their own respective
judgment, belief and knowledge of the matters set forth here and on the
advice of their respective attorneys following an independent investigation
of all relevant matters to the extent they deem necessary and reasonable;
13.4 They have taken all actions and obtained all authorizations, consents
and approvals as are conditions precedent to their authority to execute
this Agreement and thus warrant that they are fully authorized to bind
the Party for which they execute this Agreement; and,
13.5 There has been and will be no assignment or other transfer of any
claim released here, or any part thereof, and each Party agrees to defend,
indemnify and hold harmless the other party from any claims, obligations,
or other liabilities, including specifically attorney’s fees and
costs incurred, which result from the assertion by any third party of
a right to any claim which is released by this Agreement.
14. The foregoing warranties and representations shall survive the execution
and delivery of this Agreement.
15. The Parties hereby incorporate the Recitals set forth above as an integral
part of this Agreement and acknowledge the truth and accuracy of those Recitals.
16. This Agreement is the entire, final, and complete agreement of the
Parties relating to the subject of this Agreement, and supersedes and
replaces all prior or existing written and oral agreements between the
Parties or their representatives relating thereto. No amendment or modification
of this Agreement shall be effective unless in a writing executed by all
Parties whose interests are affected by the modification.
17. If any provision of this Agreement is held to be invalid or unenforceable,
all remaining provisions will continue in full force and effect.
18. This Agreement may be executed in multiple counterparts, all of which
shall be deemed originals, and with the same effect as if all Parties
had signed the same document. All of such counterparts shall be construed
together with and shall constitute one Agreement, but in making proof,
it shall only be necessary to produce one such counterpart. A facsimile
transmission shall be as valid and enforceable as an original.
The Parties, by their signatures below, have executed this Agreement and
agree to be bound by it.
|DATED: ________, 20__ By:
|DATED: ________, 20__ By:
Agent authorized to sign on behalf of Defendant
Approved as to form.
|DATED: ________, 20__
||Rouda Feder Tietjen & McGuinn
||Attorneys for Plaintiff
|DATED: ______, 20__
||[Defense Firm Name]
||[Defense Attorney Name]
Attorneys for Defendant