Settlement Agreement and Mutual Release (Short Form)

SETTLEMENT AGREEMENT AND MUTUAL RELEASE (SHORT FORM)

State of Florida

IMPORTANT NOTICE: This document resolves legal claims. Florida Statute § 46.015 provides that a written covenant not to sue or release of one jointly liable person does not release other persons from liability unless its terms expressly so provide, but reduces the claim against others. The 2025 amendments to Florida's Rules of Civil Procedure significantly changed discovery obligations. Read carefully and consult an attorney before signing.

RECITALS AND PARTIES

This Settlement Agreement and Mutual Release (Short Form) (this "Agreement") is entered into as of [__/__/____] (the "Effective Date") by and between:

PARTY A (Releasing Party / Claimant):
Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Representative/Counsel: [________________________________]

PARTY B (Released Party / Respondent):
Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Representative/Counsel: [________________________________]

Party A and Party B are collectively referred to as the "Parties."

CASE/DISPUTE REFERENCE:
Court (if applicable): [________________________________]
Case Name: [________________________________]
Case/Docket Number: [________________________________]
Nature of Dispute: [________________________________]
Date Dispute Arose: [__/__/____]

RECITALS

WHEREAS, a dispute has arisen between the Parties relating to [________________________________] (the "Dispute");

WHEREAS, the Parties desire to resolve the Dispute fully and finally, without admitting liability;

WHEREAS, Florida Statute § 46.015 governs the effect of releases and covenants not to sue with respect to other persons who may be jointly liable;

WHEREAS, under Fla. Stat. § 768.31, the Parties are aware of the provisions of Florida's Uniform Contribution Among Tortfeasors Act and any effect this settlement may have on contribution rights;

WHEREAS, the Parties have had the opportunity to consult with counsel and understand this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants, releases, and promises set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

SECTION 1: SETTLEMENT PAYMENT AND CONSIDERATION

1.1 Settlement Amount.

In full and final satisfaction of all claims described herein, [________________________________] ("Payor") shall pay to [________________________________] ("Payee") the total sum of $[________________________________] (the "Settlement Amount"), subject to the following payment terms:

☐ Lump Sum Payment: The Settlement Amount shall be paid in a single payment on or before [__/__/____], by:

☐ Check payable to: [________________________________]
☐ Wire transfer to account: [________________________________] (routing: [____________________])
☐ Other: [________________________________]

☐ Installment Payments: The Settlement Amount shall be paid in installments as follows:

1.2 Tax Identification and Reporting.
Payee's Social Security Number / EIN: [________________________________]
(Payments of $600 or more may require IRS Form 1099 reporting. Each Party bears its own tax obligations.)

1.3 Attorneys' Fees and Costs.
☐ Each Party shall bear its own attorneys' fees and costs.
☐ Party [____] shall pay Party [____]'s attorneys' fees in the amount of $[________________________________].
☐ Attorneys' fees are incorporated within the Settlement Amount.

1.4 Default on Payment.
If Payor fails to make any payment when due, Payee shall provide [____] days' written notice to cure. If uncured, the full remaining balance becomes immediately due and payable, and Payee may pursue all available remedies.

SECTION 2: MUTUAL RELEASE OF CLAIMS

2.1 Release by Party A.
Party A, on behalf of itself and its heirs, executors, administrators, successors, assigns, agents, officers, directors, employees, and representatives (collectively, "Party A Releasors"), hereby fully, finally, and forever releases, acquits, and discharges Party B and its heirs, executors, administrators, successors, assigns, agents, officers, directors, employees, insurers, and representatives (collectively, "Party B Releasees") from any and all claims, demands, actions, causes of action, suits, debts, obligations, liabilities, damages, losses, costs, expenses, and attorneys' fees of any kind or nature whatsoever, whether known or unknown, whether in law or equity, whether in contract, tort, statute, or otherwise, arising out of, related to, or connected with the Dispute, through the Effective Date (collectively, "Released Claims").

2.2 Release by Party B.
Party B, on behalf of itself and its heirs, executors, administrators, successors, assigns, agents, officers, directors, employees, and representatives (collectively, "Party B Releasors"), hereby fully, finally, and forever releases, acquits, and discharges Party A and its heirs, executors, administrators, successors, assigns, agents, officers, directors, employees, insurers, and representatives (collectively, "Party A Releasees") from all Released Claims arising out of, related to, or connected with the Dispute through the Effective Date.

2.3 Waiver of Unknown Claims.
THE PARTIES EXPRESSLY ACKNOWLEDGE that this Agreement covers claims that are presently unknown, unsuspected, or not fully appreciated. To the fullest extent permitted by Florida law, the Parties waive and relinquish any right or benefit that would limit this release to known claims only. The Parties acknowledge they may later discover facts additional to or different from those they currently know or believe to be true, and agree that this Agreement shall nonetheless be a full and final release of all Claims arising from the Dispute.

2.4 Joint Tortfeasor Notice (Florida — Fla. Stat. § 46.015).
Under Florida Statute § 46.015:

• A written release or covenant not to sue one jointly liable person does not discharge other persons from liability unless the terms of the release expressly so provide.
• If any person shows the court that the plaintiff has delivered a written release or covenant not to sue to any person in partial satisfaction of damages, the court shall set off this amount from any judgment.
• The existence of this release shall not be made known to the jury.

This release is intended to:
☐ Release ONLY the Parties named herein. Claims against other jointly liable persons are expressly preserved and subject to set-off under § 46.015.
☐ Release ALL persons jointly liable for the Released Claims.

2.5 Claims Not Released.
☐ Claims arising from breach of this Agreement.
☐ Claims arising after the Effective Date.
☐ Other excluded claims: [________________________________]

SECTION 3: NO ADMISSION OF LIABILITY

This Agreement constitutes a compromise of disputed claims. No Party admits any liability, fault, negligence, or wrongdoing. This Agreement shall not be admissible as evidence of liability in any proceeding.

SECTION 4: DISMISSAL WITH PREJUDICE

4.1 Obligation to Dismiss.
Within [____] calendar days of receipt of the Settlement Amount (or first installment), the Parties shall:

☐ File a Joint Stipulation for Dismissal with Prejudice pursuant to Fla. R. Civ. P. 1.420(a)(1)(B).
☐ Other dismissal mechanism: [________________________________]

4.2 Filing Responsibility.
Responsible Party/Counsel: [________________________________]

4.3 Court Approval.
☐ Not applicable.
☐ Court approval required: ☐ Minor party (Fla. Stat. § 744.387) ☐ Incapacitated person ☐ Other: [________________________________]

Note on Minor/Incapacitated Settlements: Under Fla. Stat. § 744.387, settlements on behalf of a minor or ward involving net amounts exceeding $15,000 require court approval. The guardian or guardian ad litem must petition the court.

SECTION 5: CONFIDENTIALITY

☐ Confidentiality Applies. The existence, terms, and conditions of this Agreement are confidential. Parties agree not to disclose terms to third parties except:
(a) to attorneys, accountants, and advisors under confidentiality obligations;
(b) as required by law, regulation, or court order;
(c) as necessary to enforce this Agreement;
(d) for tax reporting purposes.

Note: Florida law generally permits confidentiality clauses in settlement agreements. However, settlements involving public entities may be subject to Florida's public records law (Chapter 119, Florida Statutes). Consult counsel if a government entity is involved.

☐ No Confidentiality Requirement.

SECTION 6: NON-DISPARAGEMENT

☐ Non-Disparagement Applies. Each Party agrees not to make false or disparaging statements — oral, written, or electronic — regarding the other Party, its personnel, products, or services. This does not restrict truthful statements made pursuant to legal obligation.

☐ No Non-Disparagement Clause.

SECTION 7: REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that:

7.1 It has full legal authority to enter into this Agreement.
7.2 It has not assigned, transferred, or conveyed any Released Claim to a third party.
7.3 No other legal proceedings related to the Dispute are pending other than as disclosed.
7.4 It has been advised of its right to consult independent legal counsel and has either done so or knowingly waived that right.
7.5 This Agreement is entered into freely, voluntarily, and without duress or coercion.
7.6 It has read and fully understands this Agreement.

SECTION 8: MISCELLANEOUS PROVISIONS

8.1 Governing Law.
This Agreement shall be governed by the laws of the State of Florida, without regard to conflict-of-laws principles.

8.2 Venue.
☐ Exclusive venue in the Circuit Court of the [________________________________] Judicial Circuit in and for [________________________________] County, Florida.
☐ Other: [________________________________]

8.3 Integration.
This Agreement constitutes the entire understanding between the Parties regarding the subject matter hereof. Amendments must be in writing and signed by both Parties.

8.4 Severability.
If any provision is held invalid, the remaining provisions shall continue in full force.

8.5 Counterparts / Electronic Signatures.
This Agreement may be executed in counterparts. Electronic signatures shall be valid and binding.

8.6 Construction.
This Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing this Agreement to be drafted.

SECTION 9: FLORIDA-SPECIFIC DISCLOSURES

9.1 Workers' Compensation. If any released claim involves a workplace injury, consult an attorney regarding the effect on Florida workers' compensation rights under Chapter 440, Florida Statutes.

9.2 Florida Offer of Judgment. If a proposal for settlement was made pursuant to Fla. Stat. § 768.79, consult counsel regarding whether this settlement satisfies or otherwise affects any pending proposals for settlement or potential fee-shifting obligations.

9.3 Public Records. If a government entity is a party, this Agreement may be a public record under Chapter 119, Florida Statutes. Consult counsel regarding confidentiality.

9.4 ADEA/Age Discrimination. If this Agreement includes waiver of ADEA claims, Older Workers Benefit Protection Act requirements apply.

9.5 UM/UIM Coverage. If this settlement involves an automobile accident and UM/UIM coverage, confirm compliance with Florida UM/UIM consent-to-settle requirements under Fla. Stat. § 627.727.

SECTION 10: SIGNATURES

BY SIGNING BELOW, EACH PARTY CONFIRMS IT HAS READ, UNDERSTANDS, AND AGREES TO THIS AGREEMENT IN ITS ENTIRETY.

PARTY A:

Signature: [________________________________]
Printed Name: [________________________________]
Title (if applicable): [________________________________]
Date: [__/__/____]

Party A's Counsel (if applicable):

Signature: [________________________________]
Printed Name: [________________________________]
Florida Bar Number: [________________________________]
Firm: [________________________________]
Date: [__/__/____]

PARTY B:

Signature: [________________________________]
Printed Name: [________________________________]
Title (if applicable): [________________________________]
Date: [__/__/____]

Party B's Counsel (if applicable):

Signature: [________________________________]
Printed Name: [________________________________]
Florida Bar Number: [________________________________]
Firm: [________________________________]
Date: [__/__/____]

OPTIONAL: NOTARIZATION

NOTARIZATION — PARTY A:

State of Florida
County of [________________________________]

On [__/__/____], before me, [________________________________], a Notary Public in and for the State of Florida, personally appeared [________________________________], who is personally known to me or has produced [________________________________] as identification.

Notary Public Signature: [________________________________]
My Commission Expires: [__/__/____]
[NOTARY SEAL]

NOTARIZATION — PARTY B:

State of Florida
County of [________________________________]

On [__/__/____], before me, [________________________________], a Notary Public in and for the State of Florida, personally appeared [________________________________], who is personally known to me or has produced [________________________________] as identification.

Notary Public Signature: [________________________________]
My Commission Expires: [__/__/____]
[NOTARY SEAL]

EXHIBITS / ATTACHMENTS

☐ Exhibit A — Payment Schedule
☐ Exhibit B — Promissory Note (if installments)
☐ Exhibit C — Joint Stipulation for Dismissal
☐ Exhibit D — Other: [________________________________]

SOURCES AND REFERENCES

• Fla. Stat. § 46.015 (Release of Joint Tortfeasors): https://m.flsenate.gov/Statutes/46.015
• Fla. Stat. § 768.31 (Uniform Contribution Among Tortfeasors): https://www.leg.state.fl.us/
• Fla. Stat. § 744.387 (Minor/Incapacitated Person Settlements): https://www.leg.state.fl.us/
• Florida Rules of Civil Procedure: https://www.floridabar.org/
• IRS Form 1099 reporting: https://www.irs.gov/forms-pubs/about-form-1099-misc