DISCLAIMER: I AM NOT AN ATTORNEY AND THIS IS ONLY THE DOCUMENT THAT
WE USED. YOU SHOULD HAVE AN ATTORNEY REVIEW BEFORE USING THIS DOC-
UMENT. DISCLAIMER - JASON SWENK, LLC IS NOT RESPONSIBLE FOR ANY LIA-
BILITY OF THE USE OF THIS DOCUMENT.
Cancelation Agreement
This Release of Claims (the “Agreement”) is made this 26 day of September, 2011 (the
“Effective Date”) by and between [CLIENT], and [YOURCOMPANY], LLC (“[YOURCOM-
PANY]”) (collectively the “Parties”). For the purposes of this Agreement, [CLIENT] shall in-
clude and encompass any and all predecessors, successors, officers, directors, employees, repre-
sentatives, privies, assigns, and agents of [CLIENT].
NOW, THEREFORE, in the interest of compromising [CLIENT]’s claims arising from
the Services Agreement, the Parties agree to a release of such claims as detailed below.
1. COVENANTS, PROMISES & OBLIGATIONS OF [YOURCOMPANY]
In consideration for the promises and covenants made by [CLIENT] as set forth in this
Agreement, and in full release and settlement of any and all claims arising from the Services
Agreement, [YOURCOMPANY] agrees to credit $500 to [CLIENT] from the initial contract
owed to [YOURCOMPANY].
2. COVENANTS, PROMISES & OBLIGATIONS OF [CLIENT]
[CLIENT] hereby settles with, compromises, releases, remits, acquits, discharges, and
reaches accord and satisfaction upon any and all claims, demands, causes of action, remedies,
obligations, damages, and liabilities that [CLIENT] had or may now have, whether known or un-
known, against [YOURCOMPANY], its predecessors, successors, heirs, executors, administra-
tors, privies, assigns, agents, attorneys, directors, officers, shareholders, employees, members,
and managers (the “Released Parties”).
In consideration of the terms set forth herein, [CLIENT] will not take any steps to
seek publicity of the dispute or this Agreement. [CLIENT] agrees and covenants that it will not
make any negative statements, written or oral, relating to the Released Parties or any aspect of
[CLIENT]’s business with [YOURCOMPANY], and further agrees not to disparage or otherwise
harm the reputation, goodwill or commercial interests of the Released Parties by making or caus-
ing to be published any derogatory statements or opinions about them in any written or oral com-
munications with any other person or entity. Nothing contained in the foregoing shall be deemed
to prohibit or restrict truthful testimony or statements in any legal or administrative proceeding,
action, investigation or inquiry.
3. CONFIDENTIALITY
All information related to the settlement of this dispute, including the terms of the Agree-
ment, shall remain confidential between and among the Parties except as provided herein. Upon
any inquiry by any third-party concerning the dispute, the status of the resolution of the dispute
or the Agreement, any of the Parties or the agents or employees of the Parties hereto shall dis-
close only that “the matter has been resolved” or words substantially to that effect. Provided,
however, that the Parties may reveal the terms of the settlement upon court order, as may be nec-
essary for the filing of tax returns, or for the receipt of financial or legal advice. This Agreement
and its terms may also be disclosed by a Party in any action or proceeding to enforce the terms of
the Agreement if a protective order or confidentiality agreement is issued in advance. In the
event such disclosure is contemplated by a Party, that Party shall provide written notice to the
other Party of the intent to disclose at least thirty (30) days prior to disclosure, setting forth ver-
batim all information which it proposes to disclose, the identity of each person or entity to whom
the information is to be disclosed, the confidentiality agreement governing such disclosure, and
the circumstances pursuant to which the disclosure is proposed to be made. If disclosure is man-
dated by a court order within a period of time less than thirty (30) days, the Party subject to the
order shall give the earliest practicable notice under the circumstances. The intent of this para-
graph is to keep any reference to this settlement objective and not subjective. It is the further in-
tent of this paragraph to prevent commentary on the merits of the claim or this settlement.
4. NO ADMISSION OF LIABILITY OR WRONGDOING
By entering into this Agreement, [YOURCOMPANY] does not admit liability or wrong-
doing, and to the contrary, denies any and all liability or wrongdoing. The Parties acknowledge,
understand, and agree that this Agreement has been entered into solely to avoid the expense of
possible litigation and in compromise of disputed claims. This Agreement is not and shall not be
construed to be an admission of liability or wrongdoing whatsoever by [YOURCOMPANY].
5. MISCELLANEOUS
(a) Entire Agreement. It is expressly agreed that this Agreement constitutes a
full and final settlement and release of all claims identified herein. The Parties agree that this
Agreement contains the entire agreement between the parties with respect to the issues addressed
herein. The terms of this Agreement are contractual and shall survive the execution of this
Agreement.
(b) Amendments. No modification, amendment, or waiver of any provision of
this Agreement, nor consent to any departure by any party therefrom, shall in any event be effec-
tive unless the same shall be in writing and signed by the other parties, and same shall be effec-
tive only in the specific instance and for the specific purpose for which given.
(c) Severability. If any clause or provision herein shall be adjudged invalid or un-
enforceable by a court of competent jurisdiction or by operation of any applicable law, it shall
not affect the validity of any other clause or provision, which shall remain in full force and ef-
fect.
(d) Governing Law. This Agreement is made and entered into in the State of
Georgia and will in all material respects be interpreted, enforced, and governed under the laws of
said state.
(e) Capacity. The Parties warrant and represent that they have not sold, assigned,
granted, conveyed, or transferred to any other entity or person any of the rights, obligations,
claims, demands, actions, or causes of actions described herein. The Parties have full legal and
mental capacity to enter into, execute, and perform the terms and conditions contained in this
Agreement and have entered into the Agreement voluntarily.
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(f) Binding Effect. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns.
(g) Counterparts. This Agreement may be executed in one or more counterparts,
at different times and places. When all Parties have executed a counterpart of this Agreement, it
shall be binding on all parties notwithstanding that all of them may not have signed the same
counterpart. A facsimile or other copy of an executed counterpart hereof, such as an e-mailed
PDF copy, shall have the same effect as an original.
[CLIENT]
By:
Date:
[YOURCOMPANY], LLC
By:
Date:
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