ADA Settlement Agreement - Public Accommodation Accessibility

ADA SETTLEMENT AGREEMENT

PARTIES TO THIS AGREEMENT

This Settlement Agreement ("Agreement") is entered into between:

COMPLAINANT/PLAINTIFF:

Name: _______________________

Address: _______________________

City: _______________________ State: _______ ZIP: ___________

("Complainant")

AND

RESPONDENT/DEFENDANT:

Business Name: _______________________

Legal Entity Type: ☐ Corporation ☐ LLC ☐ Partnership ☐ Sole Proprietorship ☐ Other: _____

Principal Place of Business: _______________________

City: _______________________ State: _______ ZIP: ___________

Registered Agent (if applicable): _______________________

("Respondent")

Effective Date: _______________________

RECITALS

WHEREAS, Complainant is an individual with a disability as defined by the Americans with Disabilities Act ("ADA"), 42 U.S.C. Section 12102;

WHEREAS, Respondent owns and/or operates [Business Name], a place of public accommodation as defined by 42 U.S.C. Section 12181(7), located at [Address] (the "Facility") [and the website located at [URL] (the "Website")];

WHEREAS, Complainant alleges that Respondent violated Title III of the ADA by [describe nature of claims: failing to remove architectural barriers / maintaining an inaccessible website / failing to provide auxiliary aids and services / failing to make reasonable modifications / other];

WHEREAS, Complainant filed [a complaint with the U.S. Department of Justice on [Date] / a civil action in [Court Name], Case No. [Case Number], on [Date] / a demand letter dated [Date]];

WHEREAS, Respondent denies any violation of the ADA or any other applicable law, but agrees to enter into this Agreement to avoid the expense, disruption, and uncertainty of litigation and to demonstrate its commitment to accessibility;

WHEREAS, the parties agree that it is in their mutual best interests to resolve this matter without further litigation;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

ARTICLE I: DEFINITIONS

1.1 "2010 ADA Standards" means the 2010 ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A.

1.2 "Accessibility Consultant" means a qualified professional with expertise in ADA compliance, including but not limited to Certified Access Specialists (CASp) in California, registered accessibility specialists, or architects with accessibility expertise.

1.3 "Complainant" means [Name] and includes their heirs, successors, and assigns.

1.4 "Covered Facilities" means the Facility and any other locations owned or operated by Respondent that are subject to Title III of the ADA.

1.5 "Covered Digital Properties" means the Website and any mobile applications owned or operated by Respondent.

1.6 "Effective Date" means the date this Agreement is fully executed by all parties.

1.7 "Remediation Plan" means the written plan for achieving accessibility compliance as set forth in Article III.

1.8 "Respondent" means [Business Name] and includes its owners, officers, directors, employees, agents, successors, and assigns.

1.9 "WCAG 2.1 Level AA" means the Web Content Accessibility Guidelines Version 2.1 at the AA conformance level, published by the World Wide Web Consortium (W3C).

ARTICLE II: GENERAL PROVISIONS

2.1 Admission of Liability

☐ Option A (No Admission): This Agreement is entered into solely for the purpose of resolving the disputes between the parties. Nothing contained herein shall constitute an admission by Respondent of any violation of the ADA or any other law. Respondent expressly denies any liability or wrongdoing.

☐ Option B (Acknowledgment): Respondent acknowledges that certain aspects of the Facility [and/or Website] did not fully comply with the ADA at the time of Complainant's visit and agrees to the remediation measures set forth herein.

2.2 Scope of Agreement

This Agreement applies to:

☐ The Facility located at: _______________________

☐ All facilities owned or operated by Respondent in [State/Region]

☐ The Website located at: _______________________

☐ Mobile applications: _______________________

☐ Other: _______________________

2.3 Duration of Agreement

This Agreement shall remain in effect for a period of [three (3) / five (5) / other: _____] years from the Effective Date ("Term"), unless earlier terminated by mutual written agreement of the parties or extended pursuant to Section 7.3.

ARTICLE III: REMEDIATION OBLIGATIONS

3.1 Physical Facility Remediation

Respondent agrees to remove the following architectural barriers at the Facility:

Priority 1 - Critical Barriers (Completion within [30/60/90] days)

Priority 2 - High Priority Barriers (Completion within [6 months])

Priority 3 - Medium Priority Barriers (Completion within [12 months])

Priority 4 - Remaining Items (Completion within [18/24 months])

3.2 Website/Digital Accessibility Remediation (if applicable)

Respondent agrees to bring the Covered Digital Properties into conformance with WCAG 2.1 Level AA according to the following schedule:

3.2.1 Critical Accessibility Issues (issues that prevent access to substantive information or core functionality):

• Remediation deadline: [30/60] days from Effective Date

3.2.2 High-Priority Pages/Functions:
The following pages/functions shall be remediated within [90 days]:

• Homepage
• Product/Service pages
• Contact page
• Account login/registration
• Shopping cart and checkout (if applicable)
• [Other: _______________________]

3.2.3 Full Conformance:
Complete WCAG 2.1 Level AA conformance for all Covered Digital Properties within [12/18/24 months] from the Effective Date.

3.2.4 New Content:
All new content added to Covered Digital Properties after the Effective Date shall conform to WCAG 2.1 Level AA at the time of publication.

3.2.5 Third-Party Content:
Respondent shall use good faith efforts to ensure that third-party content integrated into Covered Digital Properties (including payment processors, booking systems, and embedded content) meets WCAG 2.1 Level AA.

3.3 Policies and Procedures

Within [60/90] days of the Effective Date, Respondent shall:

3.3.1 Adopt and implement a written ADA/accessibility policy that includes:

• Statement of commitment to accessibility
• Procedures for handling accommodation requests
• Process for reporting accessibility concerns
• Contact information for accessibility coordinator

3.3.2 Designate an Accessibility Coordinator responsible for:

• Monitoring ongoing compliance
• Responding to accessibility complaints
• Coordinating remediation efforts

3.3.3 Post a notice of Respondent's accessibility commitment at:
☐ The Facility entrance
☐ The Website (accessibility statement page)
☐ Other: _______________________

3.4 Staff Training

Within [90 days] of the Effective Date and annually thereafter during the Term, Respondent shall provide ADA training to:

☐ All employees who interact with the public
☐ Management and supervisory personnel
☐ IT and web development staff (for digital accessibility)
☐ Facilities/maintenance staff

Training shall cover:

• ADA requirements applicable to Respondent's business
• Proper interaction with individuals with disabilities
• Service animal policies
• Accommodation request procedures
• [Digital accessibility principles (if applicable)]

ARTICLE IV: MONITORING AND REPORTING

4.1 Accessibility Consultant

Within [30 days] of the Effective Date, Respondent shall retain a qualified Accessibility Consultant to:

• Conduct a baseline accessibility assessment
• Develop detailed remediation specifications
• Verify completion of remediation work
• Provide periodic compliance reports

The Accessibility Consultant shall be subject to Complainant's reasonable approval, which shall not be unreasonably withheld.

4.2 Reporting Requirements

Respondent shall provide written compliance reports to Complainant [and Complainant's counsel] according to the following schedule:

4.2.1 Initial Report: Within [90 days] of the Effective Date, including:

• Status of Priority 1 remediation
• Baseline accessibility assessment results
• Detailed remediation plan with timelines
• Documentation of policy adoption and staff training

4.2.2 Quarterly Reports: Every [90/180] days during the first [18/24 months], including:

• Status of remediation work
• Documentation of completed items (photos, test results)
• Any delays and proposed revised timelines
• Accessibility complaints received and how resolved

4.2.3 Annual Reports: Annually thereafter until the expiration of this Agreement, including:

• Summary of accessibility maintenance activities
• Staff training records
• Accessibility complaints received and resolutions
• Results of any accessibility testing/audits

4.3 Verification

4.3.1 Physical Facility Verification:
Complainant [or their designated representative] shall have the right to conduct [one/two] verification inspection(s) of the Facility during the Term, upon [14/30] days written notice to Respondent.

4.3.2 Digital Accessibility Verification:
Complainant [or their designated representative] shall have the right to conduct periodic accessibility testing of the Covered Digital Properties. Testing results indicating non-conformance shall be provided to Respondent with an opportunity to cure within [30/60] days.

ARTICLE V: MONETARY TERMS

5.1 Compensatory Payment to Complainant

☐ Option A (Lump Sum): Respondent shall pay Complainant the sum of $___________ within [30 days] of the Effective Date as compensation for the harm suffered.

☐ Option B (No Monetary Compensation): The parties agree that no monetary compensation shall be paid to Complainant, and Complainant's claims are resolved solely through Respondent's commitment to the remediation measures herein.

☐ Option C (State Law Damages - California): Respondent shall pay Complainant the sum of $___________ within [30 days] of the Effective Date, representing statutory damages under California Civil Code Section 52.

5.2 Attorney's Fees and Costs

Respondent shall pay Complainant's reasonable attorney's fees and costs in the amount of $___________ within [30/60 days] of the Effective Date.

☐ Fees to be paid directly to: _______________________

5.3 Civil Penalty (DOJ Settlement Only)

☐ Respondent shall pay a civil penalty in the amount of $___________ to the United States Treasury within [30 days] of the Effective Date.

5.4 Remediation Costs

Respondent shall bear all costs associated with the accessibility remediation required by this Agreement.

ARTICLE VI: RELEASE OF CLAIMS

6.1 Release by Complainant

Upon full execution of this Agreement and receipt of any payments due under Article V, Complainant hereby releases and forever discharges Respondent, its owners, officers, directors, employees, agents, insurers, successors, and assigns from any and all claims, demands, damages, actions, causes of action, or suits of any kind or nature whatsoever, known or unknown, that Complainant has or may have arising out of or relating to the accessibility conditions at the Facility [and/or Website] that existed as of the date of this Agreement, including but not limited to:

• Claims under Title III of the ADA, 42 U.S.C. Section 12181 et seq.
• Claims under Section 504 of the Rehabilitation Act
• Claims under state disability rights laws, including [California Unruh Civil Rights Act / New York Human Rights Law / Florida Civil Rights Act / Texas Human Resources Code Chapter 121 / other: _______________________]
• Common law claims for negligence, negligent infliction of emotional distress, or intentional infliction of emotional distress

6.2 Scope of Release

This release applies only to:
☐ The specific incidents described in Complainant's complaint/demand letter
☐ All accessibility conditions at the Facility [and Website] existing as of the Effective Date
☐ Other: _______________________

6.3 Preservation of Rights

This release does not release or waive:

• Claims arising from Respondent's breach of this Agreement
• Claims arising from new accessibility barriers created after the Effective Date
• Claims unrelated to accessibility

6.4 California Civil Code Section 1542 Waiver (California Settlements Only)

Complainant acknowledges that they have been advised by counsel concerning California Civil Code Section 1542, which provides:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Complainant hereby waives and relinquishes any rights or benefits they may have under Section 1542 to the fullest extent permitted by law.

ARTICLE VII: BREACH AND ENFORCEMENT

7.1 Notice of Alleged Breach

If either party believes the other has breached this Agreement, the non-breaching party shall provide written notice specifying:

• The provision(s) allegedly breached
• The factual basis for the alleged breach
• The corrective action requested

7.2 Cure Period

The allegedly breaching party shall have [30/45/60] days from receipt of notice to cure the alleged breach. If the breach cannot reasonably be cured within this period, the breaching party shall have [90 days] if they demonstrate good faith efforts and a reasonable plan for cure.

7.3 Remedies for Breach

If the breach is not cured within the applicable cure period:

7.3.1 Complainant's Remedies:

• Seek specific performance of this Agreement
• Seek injunctive relief in federal or state court
• Seek damages for breach of contract
• Resume the underlying litigation (if applicable)
• Seek attorney's fees and costs incurred in enforcement

7.3.2 Extension of Term:
Any material breach by Respondent that is cured after the cure period shall automatically extend the Term of this Agreement by [6/12 months].

7.4 Liquidated Damages (Optional)

☐ The parties agree that in the event of a material breach by Respondent that is not cured within the cure period, Respondent shall pay liquidated damages of $___________ per occurrence/per day, which the parties agree is a reasonable estimate of Complainant's damages and not a penalty.

ARTICLE VIII: GENERAL PROVISIONS

8.1 Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior negotiations, representations, warranties, and agreements between the parties.

8.2 Amendments

This Agreement may not be modified or amended except by a written instrument signed by both parties.

8.3 Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

8.4 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of _______________________ and applicable federal law.

8.5 Jurisdiction and Venue

Any action to enforce this Agreement shall be brought in [federal/state] court in [County], [State].

8.6 Waiver

The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that party's right to enforce that provision or any other provision.

8.7 Notices

All notices required or permitted under this Agreement shall be in writing and delivered by:
☐ Certified mail, return receipt requested
☐ Overnight courier
☐ Email with confirmation of receipt

To Complainant:
_______________________
_______________________
_______________________

To Respondent:
_______________________
_______________________
_______________________

8.8 Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns. Respondent shall not assign this Agreement or its obligations hereunder without Complainant's prior written consent.

8.9 Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

8.10 Authority

Each party represents and warrants that they have the authority to enter into this Agreement and that the person signing on their behalf has been duly authorized.

8.11 Confidentiality

☐ Option A (Confidential): The terms of this Agreement shall remain confidential and shall not be disclosed to any third party except as required by law, to enforce the Agreement, or with the prior written consent of the other party.

☐ Option B (Non-Confidential): The parties agree that this Agreement is not confidential and may be disclosed publicly.

SIGNATURES

COMPLAINANT:

Signature: _______________________ Date: _______________________

Printed Name: _______________________

RESPONDENT:

Signature: _______________________ Date: _______________________

Printed Name: _______________________

Title: _______________________

Business Name: _______________________

APPROVED AS TO FORM:

Complainant's Counsel:

Signature: _______________________ Date: _______________________

Printed Name: _______________________

Firm: _______________________

Respondent's Counsel:

Signature: _______________________ Date: _______________________

Printed Name: _______________________

Firm: _______________________

STATE-SPECIFIC NOTES

CALIFORNIA

• CASp Inspection: Consider including requirement for Certified Access Specialist (CASp) inspection.
• Unruh Act Damages: California Unruh Civil Rights Act provides minimum $4,000 statutory damages per violation.
• Section 1542 Waiver: Include California Civil Code Section 1542 waiver for comprehensive release.
• CRASCA Requirements: If construction-related, ensure compliance with Construction-Related Accessibility Standards Compliance Act.

TEXAS

• Texas Accessibility Standards (TAS): Ensure remediation meets both federal ADA and TAS requirements.
• TDLR Registration: Certain projects may require Texas Department of Licensing and Regulation registration.
• Limited State Damages: Texas generally does not provide monetary damages in private suits.

FLORIDA

• Florida Building Code: Ensure compliance with Florida accessibility requirements.
• Four-Year Statute of Limitations: Consider statute of limitations for ongoing claims.
• High-Volume Jurisdiction: Florida is among top states for ADA litigation.

NEW YORK

• NY Human Rights Law Damages: New York permits compensatory damages not available under federal ADA.
• NYC Human Rights Law: Additional protections within NYC.
• Three-Year Statute of Limitations: For Human Rights Law claims.

EXHIBITS

Exhibit A: List of Specific Barriers to be Remediated

Exhibit B: Remediation Plan and Timeline

Exhibit C: Accessibility Policy Template

Exhibit D: Staff Training Requirements

Exhibit E: Reporting Template

Exhibit F: [Website Accessibility Testing Results] (if applicable)

This template reflects ADA settlement agreement practices as of January 2026. Settlement terms should be negotiated based on the specific facts and circumstances of each case. Both parties should be represented by qualified legal counsel. The terms herein are for illustrative purposes and may not be appropriate for all situations.