This Confidential Settlement Agreement and Release (the "AGREEMENT ") is entered into by and between Caylee Harris (the "BREEDER ") Acting as Receiver for Caylee's Coons & Cavs (the "CATTERY ") located at Post Office Box 23, Rootstown, Ohio 44272, and
ADOPTER ")
Residing at
WHEREAS , ADOPTER alleges that it suffered damages arising out of the adoption of Caylee’s Coons Forbidden Fruit Zephyr (the "ANIMAL ") with a contract signing date of October 6, 2024; and
WHEREAS , ADOPTER alleges that BREEDER is liable for the alleged wrongdoing of the CATTERY; and
WHEREAS , BREEDER denies the ADOPTER's allegations; and
WHEREAS , BREEDER and ADOPTER, in order to avoid the expense, inconvenience, and uncertainties of litigation, and without the admission of liability on the part of any party, the same being expressly denied, desire to settle and resolve the controversies between them related to the medical conditions of the ANIMAL;
NOW , THEREFORE , in consideration of the promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, both parties hereby AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS :
(please confirm by initialing each provision)
1.
PAYMENT: BREEDER shall pay ADOPTER the sum of FIVE HUNDRED DOLLARS ($500.00) by Venmo within TWENTY-FOUR (24) hours of the execution of the AGREEMENT, and the sum of FIVE HUNDRED DOLLARS ($500.00) by Venmo on or before May 1, 2025. WHEREAS, the total sum of ONE THOUSAND DOLLARS and N0/100s ($1,000.00), is accepted by ADOPTER in full settlement of all disputed claims, whether past, present, or future, against BREEDER, and the CATTERY.
2.
RELEASE: ADOPTER, it's legal representatives, attorneys, agents, predecessors, successors, affiliates and assigns, RELEASES , ACQUITS , AND FOREVER DISCHARGES BREEDER and the CATTERY, their past and present parent companies, subsidiaries, affiliates, predecessors, successors, insurers, reinsurers, shareholders, officers, directors, employees, agents, representatives, attorneys, consultants, and assigns from any and all claims, rights, demands, debts, liabilities, controversies, or causes of action, known or unknown, asserted or unasserted, liquidated or unliquidated, fixed or contingent, of any nature whatsoever arising out of or relating to (1) the adoption; (2) the health and wellbeing; (3) the future medical care; (4) any and all claims asserted or assertable by ADOPTER against BREEDER or the CATTERY with respect to the adoption of the ANIMAL, including, but not limited to: claims in contract or in tort, under statutory or common law, for actual, multiple, or punitive damages, medical and veterinary bills, insurance premiums, interest, attorneys' fees, or court costs; and (5) any act, transaction, or occurrence prior to the date of this AGREEMENT pertaining to the specific subject matter of this Agreement.
3.
CONFIDENTIALITY: ADOPTER and BREEDER agree that they shall not disclose or discuss, or cause any other person to disclose or discuss, directly or indirectly, orally or written, or on any social media platform, any of the terms of this AGREEMENT, except (a) as reasonably necessary for the preparation of income tax returns, (b) as required by court order or as is discoverable by a party to the Lawsuit, (c) as required by lawful subpoena, (d) as required by regulatory authorities or governmental agencies (e) in order to enforce the terms of this AGREEMENT, or (f) upon written consent of the other parties to this AGREEMENT.
4.
CAREFUL REVIEW and UNDERSTANDING of AGREEMENT: ADOPTER and BREEDER represent to one another that they have carefully read this AGREEMENT and understand its terms and conditions, and that they have had ample opportunity to consult with legal counsel of their choice and have not relied on any representations or statements of each other or each other's counsel. The Agreement has been prepared by Noble Manes Breeder Services (the "ADMINISTRATOR ") with the opportunity to seek advice of its own legal counsel. It shall be construed according to the fair intent of the AGREEMENT as a whole, and no ambiguity in its terms shall be construed in favor of or against any of the parties hereto.
5.
BINDING EFFECT: It is understood and agreed that this AGREEMENT shall be binding upon and inure to the benefit of ADOPTER and BREEDER and their respective legal representatives, attorneys, agents, and assigns.
6.
NO ADMISISSION: It is fully understood that this AGREEMENT constitutes a settlement of disputed claims in order to avoid further litigation and expense, and that nothing herein shall constitute or imply an admission of liability of any kind or character by BREEDER or the CATTERY, which such liability is expressly denied.
7.
SEVERABILITY: If any portion or portions of this AGREEMENT may be held by a court of competent jurisdiction to conflict with any federal, state, or local law, and as a result such portion or portions are declared to be invalid and of no force and effect in such jurisdiction, all remaining provisions of this AGREEMENT shall otherwise remain in full force and effect and be construed as if such invalid portion or portions had not been included herein.
8.
CHOICE of LAW: ADOPTER and BREEDER agree that this AGREEMENT shall be construed and enforced under the laws of the State of Ohio, county of Portage.
9.
NO OTHER AGREEMENTS: It is understood and agreed that this AGREEMENT contains the entire arrangement between ADOPTER and BREEDER and supersedes any and all prior contracts, agreements, arrangements, or understandings between them regarding the specific subject matter hereof. It is further understood that upon execution of this AGREEMENT all previous contractual provisions with regard to health and wellbeing of the ANIMAL are voided in full, and no further warranties or health guarantees are in effect. This AGREEMENT cannot be changed or terminated orally. All representations and promises made by any party to another regarding the specific subject matter hereof, whether in writing or orally, are understood by ADOPTER and BREEDER to be merged into this AGREEMENT.
This Confidential Settlement Agreement and Release is executed electronically in conformance with U.S. E-SIGN Act {Pub.L. 106–229}, UETA, GDPR and other laws in Europe.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
