RELEASE OF ALL CLAIMS
(Short form-Mutual)
This agreement is made by and between ______________________ hereinafter called
“Releasor[s]”, and, ________________________ , hereinafter called “Releasee[s]”.
Together, they shall be referred to as Parties
Releasor[s], pursuant to California Civil Code §§ 1541 & 1542 fully release any and all
his/her claims and any rights they may have against the Releasee[s] as hereinafter
enumerated.
This release is made in consideration of a check or draft in the amount of
_________________ Dollars and 00/100 ($ _________) made payable to Releasor[s]
and his/her attorney of record, __________________, receipt of which check or draft is
hereby acknowledged,
The Releasor[s] further agrees as follows:
1.
The Releasor[s], on behalf of himself/herself, his/her heirs, executors,
administrators, and assigns hereby fully releases and discharges Releasee[s] and their
heirs, executors, administrators, assigns, themselves and their successors from all
rights, claims and actions which the Releasor[s] and his/her above-mentioned
successors now have or may after the signing of this agreement have against the
Releasee[s] and their above-mentioned successors arising out of the incident which
gave rise to this dispute and the Releasors’ legal Complaint.
2.
This Release releases all injuries, damages or losses to Releasors’ person and
property, real or personal, whether known, unknown, foreseen, unforeseen, patent or
latent, which Releasor[s] may have against Releasee[s].
Releasor[s] waives California Civil Code § 1542 which states:
“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 is known by him or her must have materially affected his or
her settlement with the debtor,”
Releasor[s] understands and acknowledges the significance and consequence of such
specific waiver of § 1542, and hereby assumes full responsibility for any injuries,
damages or losses that he or she may later incur from the alleged incident giving rise to
this dispute and/or lawsuit.
3.
This Release and settlement is a “walk away” settlement and is intended to
include any and all liens for medical services, legal services, worker’s compensation
benefits paid, or liens of any other kind whatsoever, whether actual or asserted, present
or prospective, any claims, causes of action or rights to attorney’s fees, interest and
costs incurred, any rights, claims or interest in cause of action or claim for insurance
bad faith based on case law or California Insurance Code § 790.03(h), whether actual
or asserted, present or prospective, as against Releasee[s] identified above.
Releasor[s] further agrees for himself/herself, his/her heirs, executors, administrator
and assigns, to fully and expressly indemnify, save and hold harmless and defend
Releasee[s] from and against all claims, demands, causes of action, damages, costs
and losses, and liabilities arising out of any liens described herein.
4.
Furthermore, Releasor[s] agrees the monies paid by Releasee[s], in
consideration of this agreement are for reimbursement of medical expenses, lost wages
and disability, as well as complaints of pain and suffering, which resulted from the
alleged accident which forms the basis of plaintiff‘s claims. In the event there has been
a lawsuit filed in this matter, Releasor[s] agrees to dismiss it with prejudice. For clarity,
the lawsuit is identified as [County] ________________ Case No. _______________
5.
This Release is freely and voluntarily executed by the Releasor[s] and
Releasor[s] hereby declare and represent the injuries they claim are permanent and
progressive, and that recovery therefrom is uncertain and indefinite. In entering into this
Release and agreement it is understood and agreed that Releasor[s] rely wholly upon
their agents and their own judgment, belief and knowledge of the nature, extent and
duration of said injuries. Releasor[s] further states, they have not been influenced to
any extent whatsoever in making this Release by any representations or statements
regarding said injuries or regarding any other matters made by persons, firms or
corporations who are hereby released, or by any person or persons representing them
or by any physician or surgeon employed by them.
6.
It is understood and agreed that this settlement is the compromise of a doubtful
and disputed claim, and that payment of said money is not to be construed as an
admission of liability on the part of the Releasee[s], their agents, employees and
officers. The Releasee[s] expressly deny any liability. The decision to settle, for both
parties, is a rational, business decision predicated upon the Partys’ own cost/benefit
analysis.
7.
The Parties have read this Release and had the terms used herein, and
consequences thereof, explained by attorneys who have signed below (page 3 of 3),
licensed attorneys of the Partys’ choice who represented them during this Mediation.
8.
This Release contains the entire agreement between the parties hereto, and the
terms of this Release are contractual and not a mere recital.
Signature Page is on page 3 of 3
WITNESS my hand and signature on this _________ day of ________________, 20__
Parties
Releasor 1. _________________________________
Releasor 2. _________________________________
Releasor 3. _________________________________
Releasee 1. _________________________________
Releasee 2. _________________________________
Release 3.
_________________________________
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Attorney Signatures (As to form)
Attorney for Releasor[s] ____________________________________
Attorney for Releasee[s] ____________________________________