SETTLEMENT AGREEMENT AND MUTUAL RELEASE

THIS SETTLEMENT AGREEMENT AND RELEASE, made this ____ day of ______by and between ______and ______.

WHEREAS, ______sold______to ______; and

WHEREAS, ______alleges ______; and

WHEREAS, ______has agreed to refund ______.

NOW THEREFORE, in consideration of the performance and exchanges as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

  1. (spell out what is going to happen, refund, etc).
  1. The parties hereto do for themselves, their heirs and assigns, and personal

representatives hereby RELEASE, ACQUIT AND FOREVER DISCHARGE the other party, its predecessors, successors, heirs and assigns, agents, servants, employees, officers and directors, and corporate, personal and litigation attorneys of and from any and all claims, actions or causes of action, demands, damages (both actual and punitive), costs, judgments, expenses, liabilities, attorneys' fees and legal costs, injunctive or declaratory relief, whether known or unknown, whether in law or in equity, whether in tort or contract, of any kind or character, including without limitation claims to recover damages for breach of contract, negligence, fraud, unfair trade practices, or any cause of action whatsoever, which they now have, or might otherwise have, against the persons or entities released herein, arising from any known or unknown act or omission existing as of the date of this Agreement, relating to any claim that was brought or could have been brought by any Party as of the date of this Agreement, all to the end that all claims or matters that are, or might be, in controversy between the parties hereto and those persons and entities released herein are forever put at rest, it being the parties' clear intention to forever discharge and release all their past, present, and future claims against those persons and entities herein released for all consequences resulting or potentially to result from the aforementioned events and all events existing as of the date of this Agreement.

  1. The Parties hereby agree that the terms of this Agreement shall be

confidential; and that no Party shall disclose to anyone the terms of this Agreement.

  1. Each Party hereby warrants that no representations about the nature or

the extent of any claims, demands, damages or rights that he/she/it has, or may have, against those persons or entities released herein have been made to him/her/it or to anyone acting on their behalf to induce him/her/it to execute this Agreement, and he/she/it relies on no such representations; that he/she/it has fully read and understood this Agreement before signing his/her/its name; and that he/she/it acts voluntarily and with full advice of counsel. No party, by making this Agreement, admits any liability whatsoever.

  1. In the event for any reason that any provision or portion of this Agreement

shall be found to be void or invalid, then such provision or portion shall be deemed to be severable from the remaining provisions or portions of this Agreement, and it shall not affect the validity of the remaining portions, which portions shall be given full effect as if the void or invalid provision or portion had not been included herein.

  1. This Agreement supersedes any and all prior agreements between the

parties, whether oral or written.

  1. This Agreement shall be governed by the laws of the State of ______.

WHEREFORE, the parties hereto have set their hand and seal as of the date written above.

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