Free Release of Liability Template

RECITALS

This Release of Liability ("Release") is entered into as of March 20, 2026 by and between James T. Wilson ("Releasor") and Mountain View Property Management LLC ("Releasee"). The parties acknowledge that on or about December 15, 2025, the following incident, event, or circumstances occurred:

Water damage to personal property in Unit 4B caused by a burst pipe in the ceiling of the apartment. The pipe burst was due to deferred maintenance of the plumbing system. Personal items damaged include furniture, electronics, and clothing.

CONSIDERATION

In consideration for this Release, the Releasee agrees to pay the Releasor the sum of $7,500.00 ("Settlement Amount"). The parties agree that this consideration is adequate and sufficient to support this Release. Payment shall be made within thirty (30) days of the execution of this Release, unless the parties agree to a different payment schedule in writing. The Releasor acknowledges that, upon receipt of the Settlement Amount, no further compensation, payment, or consideration of any kind shall be due or owing from the Releasee to the Releasor in connection with the claims released herein.

RELEASE OF CLAIMS

The Releasor, for himself/herself, and for his/her heirs, executors, administrators, successors, and assigns, hereby fully and forever releases, acquits, and discharges the Releasee, together with the Releasee's heirs, executors, administrators, successors, assigns, officers, directors, employees, agents, representatives, insurers, attorneys, and affiliates, from any and all claims, demands, actions, causes of action, suits, debts, liabilities, obligations, damages, losses, costs, expenses (including attorney's fees), and compensation of every kind and nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, matured or unmatured, accrued or not yet accrued, that the Releasor now has, has ever had, or may hereafter have against the Releasee, arising out of or in any way related to the incident described above. This Release is intended to be enforceable to the fullest extent permitted by applicable law, consistent with Restatement (Second) of Contracts § 195 (governing exculpatory clauses) and Restatement (Third) of Torts: Apportionment of Liability § 24. Nothing in this Release shall be construed to waive or release any claim based on gross negligence, recklessness, intentional misconduct, or fraud, which claims are non-waivable as a matter of public policy in substantially all United States jurisdictions. The Parties further acknowledge that pre-injury releases are subject to the public-interest factors articulated in Tunkl v. Regents of the University of California, 60 Cal. 2d 92 (1963), and that certain jurisdictions statutorily void releases of negligence in specific contexts (for example, New York General Obligations Law § 5-326 for gyms, pools, and places of amusement) or as a matter of common law (for example, Virginia, Hiett v. Lake Barcroft Community Ass'n, 244 Va. 191 (1992), voiding all pre-injury waivers of negligence). In Texas and similar jurisdictions, the release is drafted to meet the fair-notice doctrine's express-negligence and conspicuousness requirements articulated in Dresser Industries, Inc. v. Page Petroleum, Inc., 853 S.W.2d 505 (Tex. 1993). To the extent the release describes risks inherent to an activity, the Parties also rely on the doctrine of primary assumption of the risk (see Knight v. Jewett, 3 Cal. 4th 296 (1992); Murphy v. Steeplechase Amusement Co., 250 N.Y. 479 (1929)).

COVENANT NOT TO SUE

The Releasor covenants and agrees that he/she will not commence, maintain, or prosecute, or cause or permit to be commenced, maintained, or prosecuted, any action, suit, or proceeding of any kind against the Releasee or any of the Releasee's heirs, executors, administrators, successors, assigns, officers, directors, employees, agents, or representatives, based upon any claim, demand, or cause of action released herein. If the Releasor breaches this covenant, the Releasor agrees to indemnify the Releasee for all costs and expenses, including reasonable attorney's fees, incurred in defending against such action.

HOLD HARMLESS AND INDEMNIFICATION

The Releasor agrees to hold harmless, defend, and indemnify the Releasee from and against any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees and court costs) that may arise or result from or be related to any breach of this Release by the Releasor, including but not limited to any claim brought by the Releasor or by any person or entity claiming through or on behalf of the Releasor.

ASSUMPTION OF RISK

The Releasor acknowledges and agrees that he/she is fully aware of the risks, dangers, and hazards associated with the activities, circumstances, or events giving rise to this Release, and that by executing this Release, the Releasor voluntarily assumes all such risks, whether known or unknown, foreseeable or unforeseeable, consistent with the primary assumption-of-risk doctrine. If the activity takes place on premises subject to a state recreational-use immunity statute, the Releasee reserves all protections afforded to qualifying landowners under that statute. If the Releasor is a minor or signs on behalf of a minor, the Parties acknowledge that enforceability of a parent-executed pre-injury waiver varies by jurisdiction: some states enforce such waivers (see Hohe v. San Diego Unified School District, 224 Cal. App. 3d 1559 (1990)), while others void them as contrary to public policy (see, e.g., Kirton v. Fields, 997 So. 2d 349 (Fla. 2008)). The Releasor further acknowledges that this Release is intended to be as broad and inclusive as permitted by applicable law.

REPRESENTATIONS AND WARRANTIES

The Releasor represents and warrants that: (a) he/she has not assigned, transferred, conveyed, or otherwise disposed of any claim, demand, or right released herein; (b) he/she has the full right, power, and authority to execute this Release and to grant the releases and covenants contained herein; (c) he/she has read this Release in its entirety and fully understands its terms; and (d) he/she is executing this Release voluntarily, without duress, coercion, or undue influence of any kind.

SPECIFIC CLAIMS RELEASED

Without limiting the generality of the release granted above, the following specific claims are expressly released and discharged:

All claims for property damage arising from the water pipe burst on December 15, 2025, including damage to personal belongings, relocation expenses, and lost use of the apartment.

CLAIMS EXCLUDED FROM RELEASE

Notwithstanding the foregoing, the following claims are expressly excluded from this Release and are preserved by the Releasor:

Any claims related to the security deposit return, which is handled separately under the lease agreement.

CONFIDENTIALITY

The parties agree that the existence and terms of this Release, including but not limited to the Settlement Amount, shall be kept strictly confidential and shall not be disclosed to any third party, except: (a) as required by law, regulation, or court order; (b) to the parties' respective legal counsel, financial advisors, or tax preparers who have a need to know; (c) to the parties' immediate family members; or (d) with the prior written consent of the other party. Any breach of this confidentiality provision shall constitute a material breach of this Release and may subject the breaching party to damages.

NON-DISPARAGEMENT

Each party agrees that he/she/it shall not make, publish, or cause to be made or published any negative, derogatory, defamatory, or disparaging statements, whether oral, written, or electronic, about the other party, the other party's affiliates, officers, directors, employees, agents, products, or services. This non-disparagement obligation extends to statements made on social media platforms, websites, review sites, or any other public forum. Nothing in this provision shall prohibit either party from making truthful statements when required by law, regulation, or legal process.

ADDITIONAL INDEMNIFICATION TERMS

The Releasee agrees to indemnify Releasor against any third-party claims arising from the water damage incident, including claims from adjacent unit tenants.

DISPUTE RESOLUTION

Any dispute arising out of or relating to this Release shall be resolved exclusively in the state or federal courts located in Colorado. Both parties consent to the personal jurisdiction of such courts and waive any objection to venue.

SEVERABILITY

If any provision of this Release is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The invalid or unenforceable provision shall be reformed to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

ENTIRE AGREEMENT

This Release constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, commitments, offers, and agreements, whether written or oral. No modification, amendment, or waiver of any provision of this Release shall be effective unless in writing and signed by both parties.

GOVERNING LAW

This Release shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles.

VOLUNTARY EXECUTION

Each party acknowledges that he/she/it has read this Release in its entirety, fully understands its terms and consequences, and is executing it voluntarily and of his/her/its own free will. Each party acknowledges that he/she/it has had the opportunity to consult with an attorney of his/her/its choosing before signing this Release and has either done so or voluntarily chosen not to.