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Standard Release Of Claims Template for United States

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Key Requirements PROMPT example:

Standard Release Of Claims

"I need a Standard Release of Claims for a departing senior employee who is receiving a severance package of $150,000, with specific provisions for protecting our company's intellectual property and including a non-compete clause effective until March 2025."

Document background
A Standard Release of Claims is commonly used when parties wish to resolve potential or existing disputes and create legal certainty. This document is particularly valuable in employment separations, settlement agreements, or after accidents or injuries. The release must be carefully drafted to comply with U.S. federal and state laws, including specific requirements for different types of claims. It typically includes detailed information about the parties involved, the claims being released, the consideration being provided, and any exceptions to the release. Special attention must be paid to statutory requirements, particularly when dealing with age discrimination claims or other protected rights.
Suggested Sections

1. Parties: Identification of releasing and released parties

2. Background: Context and circumstances leading to the release

3. Definitions: Key terms used in the release including 'Released Claims', 'Released Parties', and relevant dates

4. Release Provisions: Detailed description of claims being released and scope of release

5. Consideration: Description of what is being given in exchange for the release

6. Acknowledgments: Statements confirming understanding, voluntary nature, and advice of counsel

7. Governing Law: Specification of jurisdiction and applicable law

8. Execution: Signature blocks and date of execution

Optional Sections

1. Non-Admission: Statement that the release does not constitute admission of liability or wrongdoing

2. Confidentiality: Terms regarding confidentiality of the agreement and its terms

3. Non-Disparagement: Agreement not to make negative statements about the other party

4. Return of Property: Requirements for returning company property or confidential information

5. Future Cooperation: Terms regarding cooperation in future matters or proceedings

6. Tax Matters: Allocation of tax liability and related acknowledgments

Suggested Schedules

1. Schedule A - Released Claims: Detailed enumeration of specific claims being released

2. Schedule B - Excluded Claims: List of claims specifically excluded from the release

3. Schedule C - Payment Schedule: Details of consideration payment if made in installments

4. Schedule D - Company Property: Itemized list of company property to be returned, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºìÐÓÖ±²¥ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses

























Industries

ADEA Compliance: Age Discrimination in Employment Act requirements including mandatory waiting periods and specific language for age-related waivers

OWBA Requirements: Older Workers Benefit Protection Act specifications for valid waivers of age discrimination claims

Title VII Considerations: Civil Rights Act provisions affecting release of discrimination claims based on race, color, religion, sex, and national origin

ADA Compliance: Americans with Disabilities Act considerations for releasing disability-related claims

FMLA Considerations: Family and Medical Leave Act implications for releasing related claims

State Labor Laws: Applicable state-specific labor regulations and requirements for releases

Contract Law Fundamentals: Basic contract requirements including consideration, capacity, and voluntary execution

Non-waivable Rights: Identification of rights that cannot be waived by law, such as workers' compensation claims

Administrative Charges: EEOC and other administrative agency charge provisions and limitations

Timing Requirements: Mandatory consideration and revocation periods (21-day consideration and 7-day revocation for age-related claims)

Healthcare Considerations: Medicare/Medicaid implications if release involves health-related claims

Tax Implications: Tax considerations and requirements for settlement payments and 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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