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What is Discharge and Release?

Discharge and Release A Discharge and Release Agreement is used to settle a legal claim or dispute, releasing one party from liability in exchange for payment or other consideration.



Sample template:



Discharge and Release Agreement


This Discharge and Release Agreement (the "Agreement") is made and entered into as of the ____ day of ____________, 20____ (the "Effective Date") by and between Sarah L. Reynolds ("Reynolds") and Michael J. Turner ("Turner") (together, the "Parties").

1. Dispute

1.1. Background of Dispute


WHEREAS, a dispute (the "Dispute") arose between the Parties concerning various matters and issues; and



1.2. Desire to Settle


WHEREAS, the Parties have determined that it is in their mutual best interest to settle and resolve the Dispute on the terms and conditions set forth in this Agreement and to provide for the mutual exchange of discharges and releases as herein provided; and



NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:



2. Settlement Payment

2.1. Payment Amount


Turner shall pay to Reynolds the sum of $_______ (the "Settlement Amount") in full and final satisfaction of any and all claims, demands, causes of action, and liabilities of any kind or nature whatsoever, whether known or unknown, that Reynolds now has or claims to have, or in the future may have or claim, against Turner arising from or in connection with the Dispute. The Settlement Amount shall be paid by certified check, bank draft, or wire transfer, at Reynolds' election.



2.2. Payment Deadline


Turner shall make the payment of the Settlement Amount to Reynolds within _____ (___) business days of the Effective Date of this Agreement.



3. Releases

3.1. Release by Reynolds


Upon receipt of the Settlement Amount, Reynolds, for herself and her successors, assigns, and representatives, hereby fully, finally, and forever releases, discharges, and acquits Turner, together with Turner's respective heirs, executors, administrators, agents, representatives, successors, and assigns, from any and all claims, liabilities, demands, rights, and causes of action, of any kind or nature whatsoever, whether known or unknown, that Reynolds may have or claim to have against Turner, whether based in contract, tort, statute, or otherwise, arising from or in connection with the Dispute.



3.2. Release by Turner


Upon Turner's receipt of confirmation that the Settlement Amount has been paid, Turner, for himself and his successors, assigns, and representatives, hereby fully, finally, and forever releases, discharges, and acquits Reynolds, together with Reynolds' respective heirs, executors, administrators, agents, representatives, successors, and assigns, from any and all claims, liabilities, demands, rights, and causes of action, of any kind or nature whatsoever, whether known or unknown, that Turner may have or claim to have against Reynolds, whether based on contract, tort, statute, or otherwise, arising from or in connection with the Dispute.



4. Confidentiality

Both Parties agree that the terms of this Agreement, as well as any discussions, communications, or negotiations leading up to the execution of this Agreement, shall be treated as strictly confidential. Each Party agrees not to disclose, directly or indirectly, any information pertaining to the Agreement or any related discussions, communications, or negotiations, to any third party without the prior written consent of the other Party, except as required by law.



5. Governing Law and Compliance

This Agreement shall be governed by and construed in accordance with the laws of the United States of America.



6. Entire Agreement

This Agreement constitutes the entire agreement and understanding between the Parties and supersedes any and all prior negotiations, discussions, correspondence, agreements, understandings, and representations, whether written or oral, relating to the subject matter hereof. No modification, amendment, or waiver of the provisions of this Agreement shall be effective or binding unless made in writing and signed by both Parties.



7. Execution

This Agreement may be executed in counterparts, each of which, when so executed, shall be deemed an original, and both of which together shall constitute one and the same instrument. Facsimile and electronic (PDF) signatures shall be considered as valid and binding as original signatures.



IN WITNESS WHEREOF, the Parties have executed this Discharge and Release Agreement as of the Effective Date.

__________________________ __________________________
Sarah L. Reynolds Michael J. Turner

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Sections of a Discharge and Release


In this Discharge and Release, you will see the following sections:

  1. 1. Dispute
  2. 2. Settlement Payment
  3. 3. Releases
  4. 4. Confidentiality
  5. 5. Governing Law and Compliance
  6. 6. Entire Agreement
  7. 7. Execution


Going indepth - Analysis of each section:

  1. 1. Dispute : This section provides the background of the dispute between Sarah Reynolds and Michael Turner. It also states their desire to settle the dispute and the terms and conditions of the agreement.

  2. 2. Settlement Payment : This section outlines the payment amount and deadline for Michael Turner to pay Sarah Reynolds. The payment is in full and final satisfaction of all claims and liabilities related to the dispute.

  3. 3. Releases : This section describes the mutual release of claims between Sarah Reynolds and Michael Turner. Upon payment, both parties release each other from any further claims, liabilities, or causes of action related to the dispute.

  4. 4. Confidentiality : Both parties agree to keep the terms of the agreement and any related discussions confidential. They cannot disclose any information about the agreement to third parties without the other party's written consent, unless required by law.

  5. 5. Governing Law and Compliance : This section states that the agreement is governed by the laws of the United States of America.

  6. 6. Entire Agreement : This section clarifies that the agreement is the complete understanding between the parties and supersedes any prior negotiations or agreements. Any changes to the agreement must be in writing and signed by both parties.

  7. 7. Execution : This section explains that the agreement can be signed in counterparts, and electronic signatures are considered valid. The agreement is effective upon the date both parties sign.

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