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Full And Final Release Of All Claims Template for England and Wales

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Key Requirements PROMPT example:

Full And Final Release Of All Claims

"I need a Full and Final Release of All Claims to settle an ongoing commercial dispute with my former business partner regarding intellectual property rights, with a settlement amount of £50,000 to be paid in three installments throughout 2025."

Document background
A Full And Final Release Of All Claims is commonly used when parties wish to achieve complete closure of a dispute or potential dispute under English and Welsh law. It's particularly valuable in situations where there's a need to prevent future litigation and provide certainty to all parties involved. The document serves as a comprehensive settlement tool, typically used following negotiations or mediation, and can cover both known and unknown claims. It should clearly define the scope of claims being released, specify the consideration being provided, and include any necessary carve-outs or exceptions.
Suggested Sections

1. Parties: Identifies all parties to the release including full legal names and addresses

2. Background: Sets out the context, circumstances, and history leading to the release agreement

3. Definitions: Defines key terms used throughout the release document for clarity and legal certainty

4. Release Provisions: Core provisions detailing the scope of claims being released, including present and future claims

5. Consideration: Details of the consideration being provided in exchange for the release

6. No Admission of Liability: Statement confirming that the release does not constitute an admission of liability by any party

7. Governing Law: Specifies that the agreement is governed by the laws of England and Wales and subject to their jurisdiction

Optional Sections

1. Confidentiality: Provisions requiring parties to maintain confidentiality of the settlement terms and related information

2. Non-Disparagement: Provisions preventing parties from making negative statements about each other following the settlement

3. Return of Property: Requirements for returning any physical or intellectual property between the parties

4. Future Cooperation: Terms governing any required future cooperation between the parties

Suggested Schedules

1. Schedule of Released Claims: Comprehensive list of all claims being released under the agreement

2. Schedule of Excluded Claims: Specific list of claims that are excluded from the scope of the release

3. Payment Schedule: Detailed breakdown of any payments or consideration to be provided, including timing and method

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Law of Contract (Common Law): Fundamental principles governing contract formation, including requirements for valid contracts, consideration principles, and capacity to contract

Limitation Act 1980: Sets statutory time limits for different types of claims and ensures the release doesn't attempt to waive rights that are already time-barred

Unfair Contract Terms Act 1977: Governs restrictions on exclusion clauses and implements reasonableness test for contractual terms

Consumer Rights Act 2015: Applies when one party is a consumer, setting requirements for fairness and transparency in contractual terms

Misrepresentation Act 1967: Prohibits exclusion of liability for fraudulent misrepresentation and limits exclusions for negligent misrepresentation

Companies Act 2006: Relevant for corporate entities, covering authority to execute documents and corporate capacity issues

Contracts (Rights of Third Parties) Act 1999: Addresses third party rights considerations and their potential exclusion from the agreement

Human Rights Act 1998: Ensures the release agreement doesn't infringe on fundamental human rights protected by law

Equality Act 2010: Addresses discrimination considerations and protects characteristics in contractual relationships

Employment Rights Act 1996: Covers statutory employment rights and protections that cannot be excluded, relevant for employment-related releases

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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