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To create a complete agreement, both parties must first have a clear understanding of all the terms involved in the contract. Once all essentialterms have been mutually agreed upon, both parties should signthe document to make it legally binding.
Before you give up your legal rights, you should make sure you understand the release, and carefully consider whether you are being offered enough money to give up any legal claims (e.g., a wrongful termination lawsuit) you may have against the company. Need Professional Help? Talk to an Employment Rights Attorney.
Those seven elements are: Identification (Defining all the parties involved) Offer (The agreement) Acceptance (Agreement mirrored by other parties) Mutual consent (Signatory consent of all parties) Consideration (The value exchanged for the offer) Capacity (Legal/mental competence of all parties)
A release generally occurs before a contracting party has to perform. Example: We sign a contract where you agree to pay me to paint your house by the end of the month. Before my performance is due, I explain that I do not have time to paint your house. You sign a release that frees me of my duty to paint your house.
Release Agreement means an agreement, substantially in a form approved by the Company, pursuant to which Executive releases all current or future claims, known or unknown, arising on or before the date of the release against the Company, its subsidiaries and its officers.