General complete release in favor of defendant (with mutuality option)

[Style, if in Suit]

MUTUAL GENERAL WAIVER,

SETTLEMENT AND PERMANENT RELEASE AGREEMENT

WHEREAS, _____ (hereafter individually referred to as "Employee") on Employee's own behalf and on behalf of Employee's heirs, estate, executor, spouse, children, family members, administrators, successors, assigns, insurance carriers, attorneys, and legal representatives (Employee and the other persons and entities just listed, hereafter collectively referred to as "Plaintiffs"), want to enter into this Agreement.

WHEREAS, _____ (hereafter individually referred to as "Employer"), and _____ all of their divisions, branches, units, administrators, servants, owners, officials, subsidiaries, affiliates, holding companies, related companies, predecessors, successors, assigns, attorneys, partners, limited partners, joint venturers, representatives, employee benefit plans, insurers, reinsurers, insurance brokers, insurance agents, shareholders, officers, directors, vendors, dealers, franchisees, franchisors, independent contractors, managers, supervisors, agents, and employees (Employer and the other persons and entities just listed, hereafter collectively referred to as "Defendants"), want to enter into this Agreement. (Employee, Plaintiffs, Employer, and Defendants hereafter collectively referred to as the "Parties").

WHEREAS the Parties have bona fide disputes between them and have reached an amicable settlement of all disputes involved in Cause No. _____ filed in the _____ Judicial District Court of _____ County, _____ (hereafter "this lawsuit"), and all other disputes and mutual controversies that Plaintiffs have against Defendants. This Mutual General Waiver, Settlement and Permanent Release Agreement is previously and hereafter referred to as "this Agreement."

THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the Parties agree as follows:

Consultation With Separate Attorney of Employee's Choosing

1. Employee is hereby advised in writing to consult with an attorney prior to executing this Agreement. Prior to agreeing to this Agreement, Employee promises, warrants, and represents that Employee consulted with _____ (hereafter "Plaintiffs' attorney") and discussed the advisability of entering into this Agreement. Plaintiffs' attorney gave Employee the option of rejecting this Agreement and having this dispute decided by a jury. Employee weighed the advantages and disadvantages of having a jury trial. Employee understands that if this matter is not settled, Employee could get more money, less money, or no money if the case were tried to a jury. On [date], Employee agreed to this settlement and told Employee's attorney to accept this settlement. Employee has considered settlement since that date and believes that Employee has had a reasonable period of time within which to consider the Settlement Agreement. Employee promises, warrants, and represents to Defendants that Employee voluntarily chose to enter into this Agreement.

   Release of All Claims

2. Plaintiffs agree and enter into this Agreement and accept the benefits herein provided as consideration in full and complete satisfaction of any and all past, present, or future claims Plaintiffs have against Defendants arising out of any acts or omissions by Defendants that occurred prior to or contemporaneously with the latest date on which the Agreement is signed, whether or not the claims were pled in this lawsuit. Plaintiffs recognize that the injuries and damages they claim in this lawsuit arising out of their dispute with the Defendants are permanent and serious and will continue and become progressively worse in the future. Further, Plaintiffs recognize that they may suffer additional unknown and unanticipated injuries and damages in the future as a result of the Defendants' actions or inactions.

3. Plaintiffs intend their release of Defendants to be as broad as possible. This intent to make a broad release includes, but is not limited to, applying this release broadly to the Parties released as well as broadly releasing all claims. Plaintiffs hereby remise, release, and forever discharge Defendants from and do convey and quit-claim to Defendants any and all asserted and unasserted causes of action, claims, debts, damages, injuries, demands, actions, cross-actions, counterclaims, suits and liabilities, whether past, present or future, whether accrued or accruing in the future, of any kind or description that Plaintiffs have against Defendants except as specifically noted below in paragraph 3.1. Plaintiffs assume the risk that the facts and/or law applicable to the claims released may change or be other than they believe. This broad release includes, but is not limited to, any claims arising out of or connected with Employee's employment with or separation from employment with Employer, Defendants' handling of Employee's workers’ compensation claim(s), if any, Defendants handling of this lawsuit, Defendants’ handling of any insurance claim(s) or matters, any injuries Plaintiffs incurred during Employee's employment with Employer and any damages, injuries, or harm Defendants caused Plaintiffs in the past through the latest date on which this Agreement was signed.

   3.1 The Parties do not release each other of their obligations to each other under the terms and conditions of this Agreement. Plaintiffs do not waive any future rights or claims that may arise against Defendants solely for actions that the Defendants take against Employee that occur after the latest date on which this Agreement is signed.

   All Persons, Parties, and Entities Released

   3A. The release described above in paragraph No. 3 includes, but is not limited to, releasing any and all claims that Plaintiffs have against _____ and all of [its/their] divisions, branches, units, administrators, servants, owners, officials, subsidiaries, affiliates, joint venturers, partners, limited partners, holding companies, parent companies, related companies, predecessors, successors, assigns, attorneys, representatives, employee benefit plans, insurers, reinsurers, insurance brokers, insurance agents, shareholders, officers, directors, vendors, dealers, franchisees, franchisors, independent contractors, managers, supervisors, agents, and employees.

   All Statutory and Administrative Claims Released

   3B. The release described above in paragraph No. 3 includes, but is not limited to, releasing any and all claims, causes of action, charges, demands, suits, rights, and remedies to which Plaintiffs are entitled to under any international, national, federal, state, county, parish, city, judicial, commission, agency or local law, ordinance, executive order, code, rule, regulation, or statute, including but not limited to any fair employment practices statute, employment benefits statute, or the applicable Rules of Civil Procedure, the rules of any court, the Civil Rights Act of 1964, the Civil Rights Act of 1991, EEOC rules or regulations, the Equal Pay Act, the Texas Pay Day Act, the Employee Retirement Income Security Act of 1974, the Texas Labor Code, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Racketeer Influenced and Corrupt Organizations Act, the Financial Reform and Enforcement Act of 1989, the Fair Labor Standards Act, the Immigration Reform and Control Act, the Texas Commission on Human Rights Act, the Rehabilitation Act of 1973, Article 21.21 V.A.T.S., Executive Order 11141, Executive Order 11246, the Americans with Disabilities Act, the Age Discrimination in Employment Act, Sections 1981, 1983 and 1985 of the United States Code, the Texas Whistleblower Act, the Texas Worker's Compensation Act, the Texas Deceptive Trade Practices Act, The Texas Insurance Code and the Pregnancy Discrimination Act. This release of all claims includes, but is not limited to, any claims or rights arising from any agency, court, commission, board, panel or regulatory entity with regulatory enforcement or other powers over one or more of the Parties.

   All Causes of Action Released

   3C. The release described above in paragraph No. 3 includes, but is not limited to, a release of any and all claims, complaints or causes of action whether known or unknown, whether accruing now or in the future for any type or kind of discrimination, harassment or retaliation because of age, sex, race, color, religion, national origin, pregnancy, disability, genetic information, or any other basis, reverse discrimination, breach of contract, breach of express warranty, breach of implied warranty, any unconscionable course of conduct, violation of the Texas Property Code, breach of the warranty of habitability, failure to perform work or services in a good and workmanlike manner, failure to provide goods or services in a good and workmanlike manner, libel, slander, defamation, business disparagement, unfair competition, breach of employment contract, breach of severance agreement, failure to pay severance benefits, breach of training agreement, breach of covenant not to compete agreement, intentional infliction of mental distress, money had and received, negligent infliction of mental distress, false light, alienation of affection, false imprisonment, malicious prosecution, abuse of process, invasion of privacy, assault, battery, fraud, misrepresentation, deceit, theft, violation of any public policy, firing or discrimination because of a refusal to perform an illegal act, firing or discrimination because of reporting an illegal act, firing or discrimination because Employee inquired about whether a requested act was legal, violations of any Insurance Code, violations of any Texas Board of Insurance regulations, insurance bad faith based on common law, insurance bad faith based on any statute, insurance bad faith based on any regulation, unfair claims handling, violations of any worker's compensation law, violations of Section 451 of the Texas Labor Code, violations of any...