A.D.O.P.T./Lauren Haas/Doug & Penny Barnes
Memorandum of Resolution and Release
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MEMORANDUM OF RESOLUTION and RELEASE
This Memorandum of Resolution and Release (“Release”) reflects the full and final resolution of claims by Doug Barnes and Penny Barnes("Mr. and Mrs. Barnes") against Animals Depend On People Too(A.D.O.P.T.) Pet Rescue, Inc. and Lauren Haas(“A.D.O.P.T.” and “Ms. Haas”).
Recitals
WHEREAS, A.D.O.P.T. accepted a female cat into its pet rescue program in Franklin County, Ohio on or about September 5, 2007; and
WHEREAS, the subject cat had been located and identified as a stray by Ms. Haas, who serves as an A.D.O.P.T. volunteer; and
WHEREAS, Mr. and Mrs. Barnes subsequently contacted Ms. Haas and A.D.O.P.T. to claim ownership of the subject cat and to request its immediate return to the Barnes family; and
WHEREAS, a dispute has arisen regarding ownership of the subject cat; regarding the circumstances under which the subject cat was located and identified as a stray; and regarding the respective rights, duties and obligations of Mr. and Mrs. Barnes, A.D.O.P.T. and Ms. Haas; and
WHEREAS, the parties have resolved their dispute by agreement and compromise, without admitting any liability or the truth of any statement other than the statements set forth herein.
Agreement
NOW, THEREFORE, in consideration of the payment and the mutual promises set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and with the intent to be legally bound, it is agreed by the parties as follows:
1. A.D.O.P.T. agrees to place the subject cat with Mr. and Mrs. Barnes, and Mr. and Mrs. Barnes agree to such placement, pursuant to A.D.O.P.T.'s standard cat adoption procedure, modified as follows:
a. The parties will complete a Cat/Kitten Adoption Agreement in the form attached hereto and incorporated herein as Exhibit A.
b. A.D.O.P.T. will waive its usual cat adoption fee.
c. Mr. and Mrs. Barnes will reimburse the actual veterinary expenses incurred by A.D.O.P.T.for the subject cat in the amount of $45.00.
2. Mr. and Mrs. Barnes, for themselves and their heirs, successors, subrogees and assignees, hereby release and forever discharge any and all claims and causes of action they now have or may hereafter have, whether known or unknown, whether civil or criminal, for any relief whatsoever, against A.D.O.P.T. and Ms. Haas and their respective (and as applicable) agents, employees, attorneys, predecessors, successors, assignees, affiliates, related business entities and family members, for or on account of any actions, injuries or damages arising out of or relating to the subject matter of this Release.
3. A.D.O.P.T., Ms. Haas and Mr. and Mrs. Barnes, having resolved their differences as reflected herein, agree that each of them shall refrain from making any disparaging or derogatory public comment or statement about the others, individually and collectively,regarding the subject matter of this Release.
4. The parties agree that this resolution represents the compromise of disputed claims and that the terms of this resolution are not intended and shall not be construed as an admission of liability by any party.
5. This Release shall be deemed made in Ohio, and shall be governed by Ohio law.
6. This Release may be executed in one or more counterparts, all of which shall be considered one and the same document.
7. This Release and the attached Exhibit A reflect the entire agreement of the parties with respect to the subject matter of the Release, and cannot be altered or amended except by a written document executed by the parties hereto.
8. This Release shall be binding on and inure to the benefit of the parties hereto and their successors and assigns.
AGREED:
Doug BarnesDATE
Penny BarnesDATE
Animals Depend On People Too(A.D.O.P.T.) Pet Rescue, Inc.,
By:
Amanda Wampler, Its Vice PresidentDATE
Lauren HaasDATE
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