1. Parties
This Settlement Agreement and Release (the "Agreement") is made on [DATE] between [PARTY A NAME], of [PARTY A ADDRESS] ("Party A"), and [PARTY B NAME], of [PARTY B ADDRESS] ("Party B"), together the "Parties".
2. Background
A dispute has arisen between the Parties concerning [BRIEF DESCRIPTION OF THE DISPUTE, e.g. unpaid invoices under the services agreement dated DATE] (the "Dispute"). [If applicable: The Dispute is the subject of [CASE NAME AND NUMBER] pending in [COURT] (the "Action").] The Parties wish to resolve the Dispute fully and finally on the terms below.
3. Settlement Payment
[PAYING PARTY] will pay [RECEIVING PARTY] the total sum of [AMOUNT] (the "Settlement Payment") by [PAYMENT METHOD] [in one payment on or before DATE / in installments of AMOUNT due on DATES]. If any payment is more than [NUMBER] days late and not cured within [NUMBER] days after written notice, [CONSEQUENCE, e.g. the full unpaid balance becomes due immediately].
4. Other Obligations
In addition, the Parties agree to: [OTHER TERMS, e.g. return of equipment, correction of a public statement, cancellation of a contract, or NONE].
5. Release of Claims
Upon receipt of the full Settlement Payment, [RECEIVING PARTY / EACH PARTY] releases and forever discharges [THE OTHER PARTY / THE OTHER PARTY], and its officers, employees, and agents, from all claims, demands, and causes of action, known or unknown, arising out of or relating to the Dispute up to the date of this Agreement. This release does not cover obligations created by this Agreement, or any claim or right that cannot be waived by law.
6. Dismissal
[If applicable:] Within [NUMBER] days after receipt of the full Settlement Payment, [PARTY] will file a dismissal of the Action with prejudice, with each Party bearing its own legal fees and costs unless stated otherwise here: [TERMS].
7. No Admission of Liability
This Agreement is a compromise of disputed claims. Nothing in it is an admission of liability or wrongdoing by either Party.
8. Confidentiality and Non-Disparagement
The Parties will keep the terms of this Agreement confidential, except as required by law, to enforce this Agreement, or for disclosure to their legal, tax, and financial advisors. [OPTIONAL: Neither Party will make false or disparaging public statements about the other regarding the Dispute.] Nothing in this Agreement prevents a Party from reporting possible violations of law to a government agency or from giving truthful testimony.
9. Representations
Each Party confirms that it has read and understood this Agreement, has had the opportunity to consult a lawyer, signs it voluntarily, has authority to sign it, and has not assigned any claim released by it to anyone else.
10. General Terms
This Agreement is governed by the laws of [GOVERNING LAW JURISDICTION]. It is the entire agreement between the Parties about the Dispute and replaces all prior discussions. It may be changed only in writing signed by both Parties. If any provision is held invalid, the remainder stays in effect. The Parties agree that this Agreement may be signed electronically and in counterparts, each of which is an original and all of which together form one agreement.
11. Signatures
PARTY A: [PARTY A NAME] Signature: ____________________ Name and title: [SIGNATORY NAME, TITLE] Date: [DATE] PARTY B: [PARTY B NAME] Signature: ____________________ Name and title: [SIGNATORY NAME, TITLE] Date: [DATE]