location: Canada
I signed a renovation contract to replace my old kitchen cabinets with custom-made ones and paid a $30,000 deposit. Instead of custom cabinets, the contractor delivered "flat box" cabinets made in China and is refusing to replace them. Now, the contractor is offering a "mutual contract termination" and is pushing me to sign the document pasted below. Is this a legitimate document, and what are the risks if I sign it? I want to make sure I am not accidentally waiving my right to sue or get my full deposit or part of it back.
The Document:
RELEASE OF ALL CLAIMS
IN CONSIDERATION of the payment of the sum of $100 (ONE-HUNDRED DOLLARS), inclusive of, where applicable, damages, assessable costs, expenses, disbursements, and interest pursuant to the Court Order Interest Act, R.S.B.C. 1996, c. 79, the receipt and sufficiency of which is hereby acknowledged, XXXXX YYYYYYY for himself/herself and his/her heirs, insurers, agents, successors and assigns (hereinafter referred to as "the Releasor"), now and forever releases and discharges AAAAAAA CANADA INC. doing business as !W@H! and its heirs, agents, officers, directors, predecessors, successors, insurers and assigns (the "Releasees") of and from any and all claims, actions, complaints, causes of action or demands, including subrogated claims and actions or demands, which the Releasor now has or had or which the Releasor can, shall or may have at any time in the future against the Releasees for, or by reason of, or arising out of, or in any way connected with:
- Completion of the renovation at
(Collectively the “Disputed Matters”)
THE RELEASOR UNDERSTANDS AND AGREES that the settlement herein is a compromise of a dispute/disputed claims and that the consideration referred to above is not to be construed as an admission of liability on the part of the Releasee, by whom liability is expressly denied.
THE RELEASOR FURTHER UNDERSTANDS AND AGREES that he/she/it will not make any claims, continue or commence any actions or proceedings, nor cause any action or proceedings to be commenced against any party or parties who may have, might or have made a claim for indemnity, contribution or subrogation from the Releasees for any losses, damages, costs or expenses for, or by reason of, or arising out of, or in any way connected with the Disputed Matters generally.
THE RELEASOR FURTHER UNDERSTANDS AND AGREES that in the event that such claims or actions as described in the above paragraph are made, the Releasor shall indemnify and save harmless the Releasee against and from all such claims arising from the Disputed Matters (including but not limited to, all complaints, all types of subrogated claims, claims for indemnity or contribution, any Third Party proceedings instituted pursuant to the Supreme Court Rules or otherwise and any claims under or pursuant to the provisions of any applicable legislation in force in British Columbia or elsewhere).
THE RELEASOR FURTHER UNDERSTANDS, AGREES AND DECLARES that he/she/it has sought independent legal advice or is aware of his/her/its entitlement to seek independent legal
advice and waived this right with respect to the Disputed Matters and this Release, that he/she/it has read this Release and fully understands the terms and legal effects of this Release and that there are no representations, warranties, promises, inducements, agreements or conditions with respect to this Release or the parties' liability under it other than those contained in this Release.
THE RELEASOR FURTHER UNDERSTANDS, AGREES AND DECLARES that he/she/it alone is entitled to receive the monies payable in this settlement and that the monies have not been assigned, or the right of action with respect to the monies have not been assigned, to any person, firm, corporation or entity who might claim against the Releasees.
THE RELEASOR FURTHER AGREES AND CONFIRMS that this Release contains the entire agreement regarding the matters which are the subject of this Release and that the terms of this Release are contractual and not merely recital.
IT IS FURTHER UNDERSTOOD AND AGREED that for the consideration expressed herein the Releasor agrees that the terms and conditions of this settlement (including the amount of the settlement) shall be kept confidential and shall not be disclosed to any person or entity whatsoever.
IT IS FURTHER UNDERSTOOD AND AGREED the Parties shall not make any other public comment concerning the Disputed Matters, each other, or the facts or circumstances of this Agreement, except as required by law, for the purpose of obtaining confidential tax, legal or accounting advice, or in response to direct inquiries from third parties in relation to the status of the Disputed Matters, and then only to the extent necessary to inform professional advisors in confidence or third parties of the status of the Disputed Matters. It shall not be a breach of this Agreement for either of the Parties to state that “all issues relating to the Disputed Matters were resolved to the satisfaction of the Parties”.
THE RELEASOR UNDERSTANDS AND AGREES that this Release shall be construed in accordance with the laws of the Province of British Columbia and he/she/it further agrees to submit to the jurisdiction of any court in British Columbia in respect of any dispute arising out of this Release.
THE RELEASOR FURTHER UNDERSTANDS AND AGREES that he/she/it does hereby acknowledge that the facts in respect of which this Release is made may prove to be other than or different from the facts now known or believed to be true. The Releasor accepts and assumes the risk of the facts being different and agrees that this Release shall in all respects be
enforceable, is not subject to rescission or variation by discovery of any difference in facts relating to this matter or the Dispute Matters, or by discovery of any new facts.
IT IS FURTHER UNDERSTOOD AND AGREED that if any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from this Release and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance this Release would fail in its essential purpose
IT IS FURTHER UNDERSTOOD AND AGREED this Release may be executed and delivered in one or more counterparts, each of which may be executed electronically and delivered by facsimile transmission, email or electronically in PDF or a similar secure format, and each executed and delivered counterpart will be deemed an original and all executed and delivered counterparts will together constitute one and the same document.
Signed, Sealed and Delivered by: