General Release Of All Claims Agreement for the United States

General Release Of All Claims Agreement Template for United States

A General Release of All Claims Agreement is a legally binding document used in the United States that provides a comprehensive waiver of all known and unknown claims one party may have against another. This agreement, governed by both federal and state laws, serves as a complete settlement of disputes between parties, typically in exchange for consideration. It includes specific provisions required by U.S. law, such as clear identification of rights being waived and acknowledgment of understanding.

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What is a General Release Of All Claims Agreement?

A General Release Of All Claims Agreement is commonly used in the United States when parties wish to resolve all existing and potential future disputes. This document is particularly valuable in employment terminations, dispute settlements, or business transaction closures. It provides legal protection by ensuring that all claims, whether known or unknown at the time of signing, are waived in exchange for specified consideration. The agreement must comply with federal laws such as the Age Discrimination in Employment Act and state-specific requirements for releases and waivers.

What sections should be included in a General Release Of All Claims Agreement?

1. Parties: Identifies all parties to the agreement with full legal names and addresses

2. Background: Explains context and circumstances leading to the release

3. Definitions: Defines key terms used throughout the agreement

4. Consideration: States the value being exchanged for the release

5. Release Provisions: Details the specific claims being released, including federal and state law claims

6. Representations and Warranties: Statements of fact by the releasing party regarding understanding and voluntary nature of the agreement

7. Governing Law: Specifies which jurisdiction's laws govern the agreement

What sections are optional to include in a General Release Of All Claims Agreement?

1. Non-Disparagement: Provisions prohibiting parties from making negative statements about each other

2. Confidentiality: Provisions requiring parties to keep the terms of the agreement private

3. Return of Property: Requirements for returning any company or other party's property

4. Revocation Period: Specific time period during which the agreement can be revoked (required for age-related claims under ADEA)

What schedules should be included in a General Release Of All Claims Agreement?

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 (e.g., non-waivable rights)

3. Schedule C - Property Return Checklist: Itemized list of property to be returned, if applicable

Authors

Alex Denne

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

Cost

Free to use

Relevant legal definitions

Agreement
Claims
Effective Date
Releasor
Releasee
Released Parties
Released Claims
Consideration
Parties
Confidential Information
Dispute
Representatives
Affiliate
Business Day
Governing Law
Revocation Period
Unknown Claims

Clauses

Release of Claims
Consideration
Representations and Warranties
Confidentiality
Non-Disparagement
Covenant Not to Sue
Acknowledgments
Return of Property
Governing Law
Severability
Entire Agreement
Amendment
Waiver
Authority to Execute
Revocation Rights
No Admission of Liability
Assignment
Notices

Relevant Industries

Corporate
Healthcare
Insurance
Construction
Financial Services

Relevant Teams

Legal
Human Resources
Finance
Risk Management
Compliance

Relevant Roles

Human Resources Director
Legal Counsel
Risk Manager
Chief Financial Officer
Operations Manager

Industries

ADEA: Age Discrimination in Employment Act - Federal law that protects workers 40 and older from age-based discrimination and requires specific provisions in release agreements

OWBPA: Older Workers Benefit Protection Act - Amendments to ADEA that set specific requirements for valid waivers of age discrimination claims, including 21-day consideration period and 7-day revocation period

Title VII: Title VII of the Civil Rights Act - Federal law prohibiting discrimination based on race, color, religion, sex, and national origin; must be considered when drafting release language

ADA: Americans with Disabilities Act - Federal law protecting individuals with disabilities from discrimination; release must clearly address potential ADA claims

FLSA: Fair Labor Standards Act - Federal wage and hour law; certain FLSA claims cannot be waived without court or DOL approval

FMLA: Family and Medical Leave Act - Federal law protecting employee leave rights; must be specifically addressed in release language

State Labor Laws: Various state-specific labor laws that may affect the enforceability and requirements of the release agreement in different jurisdictions

State Discrimination Laws: State-level anti-discrimination protections that may provide additional or different requirements than federal laws

Release Requirements: State-specific requirements for valid releases and waivers, including any specific language or formatting requirements

Statutes of Limitations: State-specific time limits for bringing various types of claims, which may affect the scope and enforceability of the release

Consideration Doctrine: Contract law principle requiring adequate consideration for the release to be valid; must ensure proper value is exchanged

Contractual Capacity: Legal requirement that all parties must have the mental and legal capacity to enter into the agreement

Voluntary Execution: Legal requirement that the release must be signed voluntarily and without coercion or duress

Clear Language Requirement: Legal requirement that release language must be clear, specific, and unambiguous to be enforceable

Non-waivable Rights: Certain rights and claims that cannot be waived by law, such as workers' compensation claims or future claims

Severability: Legal principle allowing remainder of agreement to stay in effect if certain provisions are found invalid

Revocation Rights: Legal requirements for revocation periods, particularly in age discrimination releases (ADEA/OWBPA compliance)

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What is a General Release Of All Claims Agreement?

What sections should be included in a General Release Of All Claims Agreement?

What sections are optional to include in a General Release Of All Claims Agreement?

What schedules should be included in a General Release Of All Claims Agreement?

Authors

Alex Denne

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