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other names: mutual release and termination agreement mutual release and settlement agreement partnership release agreement
mutual release agreement document preview

what is a mutual release agreement?

when things go south between you and a business partner, you can break ties and avoid going to court with a mutual release agreement. after the document is signed by both parties, you can walk away from a contract without the fear of future legal repercussions. 
 
a mutual release agreement is a straightforward document that allows you to settle disputes quickly and professionally. no matter what your dispute, a mutual release agreement allows both parties to agree to drop all claims and get out of the contract. you can also agree to pay each other, or one party, for any damages. by signing this release, you should be aware that you are giving up the right to pursue any future claims against each other - even if you only find out about the problem after the fact. still, that may be a small price to pay to avoid a potentially costly and lengthy lawsuit. avoid a headache with a mutual release agreement.

when to use a mutual release agreement:

  • you are party to a contract and both parties have agreed to settled the dispute and release all future claims.

sample mutual release agreement

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mutual release agreement

 

this mutual release agreement is entered into on , by and between , , , , and , , , , .

 

purpose:

this release is intended to effect the termination of any obligations by either party as hereinafter designated.

 

recitals:

whereas, disputes and differences have arisen between the parties with respect to entered into by said parties and executed on , a copy of which is attached hereto as exhibit a, both parties have agreed to settle said disputes and differences by executing this mutual release.

 

whereas, both parties recognize that by the execution of this mutual release, they are relinquishing their respective legal rights with reference to the herein mentioned disputes and differences, both parties agree that in consideration of this execution of this mutual release, and for the added consideration of the payment of by to , receipt of which is hereby acknowledged, and the payment of by to , receipt of which is hereby acknowledged, each party for his heirs and assigns, expressly releases the other party, and his heirs and assigns, from all liability for claims and/or demands which may arise from that certain contract referenced herein and attached hereto.

 

whereas, the parties to this release desire to provide releases, and in some instances, indemnification, under the terms and conditions set forth in this release.

 

now, therefore, in consideration of the payment contained herein, and the receipt of consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

 

witnesseth:

1. does hereby release, cancel, forgive and forever discharge and each of its predecessors, parent corporations, holding companies, subsidiaries, affiliates, divisions, heirs, successors and assigns, and all of their officers, directors and employees from all actions, claims, demands, damages, obligations, liabilities, controversies and executions, of any kind or nature whatsoever, whether known or unknown, whether suspected or not, which have arisen, or may have arisen, or shall arise by reason of the indebtedness and/or the guaranty of payment of the indebtedness as designated and described in the release from the first day of the world, including this day and each day hereafter, and does specifically waive any claim or right to assert any cause of action or alleged case of action or claim or demand which has, through oversight or error intentionally or unintentionally or through a mutual mistake, been omitted from this release.

 

2. does hereby release, cancel, forgive and forever discharge and each of his holding companies, subsidiaries, affiliates, divisions, successors, heirs, and assigns in all capacities whatsoever, including without limitation as an officer, director, employee, representative, designee, agent, and shareholder thereof, from all actions, claims, demands, damages, obligations, liabilities, controversies and executions, of any kind or nature whatsoever, whether known or unknown, whether suspected or not, which have arisen, or may have arisen, or shall arise by reason of any matter, cause or thing whatsoever, from the first day of the world, including this day and each day hereafter, and does specifically waive any claim or right to assert any cause of action or alleged cause of action or claim or demand which has, through oversight or error, intentionally or unintentionally or through a mutual mistake, been omitted from this release.

 

applicable law:

this release shall be construed under and in accordance with the laws of the .

 

legal construction:

in the event any one or more of the provisions contained in this release shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision. this release shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it. the provisions of this release must be read as a whole and are not severable and/or separately enforceable by either party hereto.

 

attorneys' fees:

if any action at law or in equity is brought to enforce or interpret the provisions of this release, the prevailing party will be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled.

 

signatures:

this release shall be executed on behalf of by , and on behalf of , .

 

 

by: date:

 

by: date:

 

optional notary

 

, county of parish of

 

on this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared the above named , known to me (or proved to me on the oath of ______________________________) to be the persons who are described in and who executed the within and foregoing instrument, and acknowledged to me that they executed the same.

before me, a notary public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that they did sign the foregoing instrument, and that the same is their free act and deed. in testimony whereof, i have hereunto subscribed my name at ________________________________, this _____ day of ____________________, ______.

the foregoing mutual release was acknowledged before me this _____ day of ____________________, _____, by .

the foregoing mutual release was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, ______ by , who is personally known to me or who has produced ________________________________ as identification.

this mutual release was acknowledged before me on this _____ day of ____________________, _____ by .

on this _____ day of ____________________, _____, before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed same as his/her free act and deed.

on this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.

on this _____ day of ____________________, _____, before me, the undersigned, notary public for the state of vermont, personally appeared , to me known (or to me proved) to be the identical person named in and who executed the above mutual release, and acknowledged that such person executed it as such person's voluntary act and deed.

the foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .

 

in witness whereof i hereunto set my hand and official seal.

 

 

_________________________________

notary public

signature of person taking acknowledgment

 

_________________________________

name typed, printed, or stamped

title (and rank)

 

_________________________________

title or rank

 

my commission expires _______________

 

_________________________________

serial number (if applicable)

serial number, if any

 

notary address:

_________________________________

_________________________________

_________________________________

_________________________________

a notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

 

state of california

county of

 

on ____________________ before me, ________________________________, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

 

i certify under penalty of perjury under the laws of the state of california that the foregoing paragraph is true and correct.

 

witness my hand and official seal.

 

 

 

________________________________________ (notary seal)

signature of notary public

optional notary

 

, county of parish of

 

on this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared the above named , known to me (or proved to me on the oath of ______________________________) to be the persons who are described in and who executed the within and foregoing instrument, and acknowledged to me that they executed the same.

before me, a notary public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that they did sign the foregoing instrument, and that the same is their free act and deed. in testimony whereof, i have hereunto subscribed my name at ________________________________, this _____ day of ____________________, ______.

the foregoing mutual release was acknowledged before me this _____ day of ____________________, _____, by .

the foregoing mutual release was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, ______ by , who is personally known to me or who has produced ________________________________ as identification.

this mutual release was acknowledged before me on this _____ day of ____________________, _____ by .

on this _____ day of ____________________, _____, before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed same as his/her free act and deed.

on this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.

on this _____ day of ____________________, _____, before me, the undersigned, notary public for the state of vermont, personally appeared , to me known (or to me proved) to be the identical person named in and who executed the above mutual release, and acknowledged that such person executed it as such person's voluntary act and deed.

the foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .

 

in witness whereof i hereunto set my hand and official seal.

 

 

_________________________________

notary public

signature of person taking acknowledgment

 

_________________________________

name typed, printed, or stamped

title (and rank)

 

_________________________________

title or rank

 

my commission expires _______________

 

_________________________________

serial number (if applicable)

serial number, if any

 

notary address:

_________________________________

_________________________________

_________________________________

_________________________________

a notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

 

state of california

county of

 

on ____________________ before me, ________________________________, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

 

i certify under penalty of perjury under the laws of the state of california that the foregoing paragraph is true and correct.

 

witness my hand and official seal.

 

 

 

________________________________________ (notary seal)

signature of notary public

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