RELEASE AND SETTLEMENT AGREEMENT. INC., JASON STUBBS and STUBBS (hereinafter Releasors ), by, from, or on

Transcription

1 RELEASE AND SETTLEMENT AGREEMENT In consideration of the total sum of FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000.00) and other good and valuable consideration to be paid to GEORGIACARRY.ORG, INC., JASON STUBBS and STUBBS (hereinafter Releasors ), by, from, or on behalf of KEVIN BALDWIN, RAY MILLS, and the COLUMBUS CONSOLIDATED GOVERNMENT (hereinafter Releasees ), receipt of which is hereby acknowledged, Releasors do hereby release and forever discharge Releasees, its representatives, successors, assigns, subsidiaries, officers, partners, directors, stockholders, attorneys, agents, servants, employees, insurers, and affiliates and any other person or party related to Releasees from any and all claims, demands, damages, non-economic losses, costs, expenses, actions, and causes of action based on tort, contract, statute or any other theory or recovery arising from any act or occurrence on account of any damages of any kind, heretofore sustained or that may hereafter be sustained, whether known or unknown, whether foreseeable or unforeseeable, and on account of all personal injury, death, disability, property damage, attorneys fees or losses or any other damage of any kind and nature sustained as a consequence of or related to the incident that occurred on or about July 9, 2013, wherein Releasees Officers Kevin Baldwin and Ray Mills arrested Releasor Jason Stubbs at the McDonalds located at 1436 Manchester Expressway, Columbus, Georgia (the Incident ). IT IS FURTHER UNDERSTOOD that: 1. Releasors allegations have been vigorously disputed by the parties, and it is their intention, by this Release, to settle all claims and damages that have, or could have, been advanced by Releasors against Releasees as a result of the Incident. 1

2 2. In furtherance of the intentions of the parties to this Release, Releasors release Releasees from all claims that Releasors may now or in the future arguably could have against Releasees as a result of or related to the Incident, on the terms set forth herein. 3. This Release is not, and shall not be construed as, an admission of liability by Releasees. Releasees deny any and all liability or responsibility to Releasors as a result of the Incident. 4. This Release shall be liberally construed to effectuate its purposes and shall be otherwise governed by the laws of the State of Georgia. 5. Releasors agree that, from the funds paid and/or payable herein, they have or shall pay all of their attorneys fees, costs and expenses incurred as a result of or related to the Incident, now owed or owing and that no such claims are or will be asserted hereafter by Releasors or Releasors counsel against Releasees. 6. Releasors have had the benefit of receiving the advice of independent legal counsel of their own choosing before executing this Release, and this Release is executed voluntarily and with full understanding and acceptance of its terms. Releasors acknowledge that liability is disputed and that they are not relying upon any information provided by or representation made by Releasees, Releasees officers, agents, servants, or employees, or Releasees counsel as a condition of execution and grant of this Release. 7. Releasees affirm that this Release sets forth the entire agreement between them and Releasors and supersedes any and all prior agreements and understandings, whether written or oral, between them, that the only consideration for their execution of this Release is expressly stated herein, and that no other promises or agreements of any kind have been made by or between them, or by any person or entity whatsoever, to cause any of them to sign this Release. 2

3 8. If, for any reason, any portion of this Release should be found void, invalid, or unenforceable, all remaining parts shall remain binding and in full force and effect to the maximum extent permitted under applicable law. 9. This Release may be executed in separate counterparts, each of which shall be deemed to be a fully executed original as to all parties that have executed any one or more of those separate counterparts. [SIGNATURES ON FOLLOWING PAGE] 3

4 DATED this day of, JASON STUBBS DATED this day of, STUBBS 4

5 DATED this day of, GEORGIACARRY.ORG, INC. By: Print Name 5