TOWED VEHICLE – COMPLETE AND FINAL RELEASE AND SETTLEMENT OF ALL CLAIMS
The Undersigned Towed and Stored Vehicle Owner/Operator (hereinafter referred to as the “Undersigned”) FOR THE SOLE CONSIDERATION OF “DISCOUNTED AMOUNT” or release of the vehicle without charge, and other consideration, the receipt and sufficiency whereof is hereby acknowledged, hereby releases and forever discharges:
Towing Company, Vehicle Storage Facility, and Entity that Authorized Tow (hereinafter collectively referred to as the “Released Parties”), their executors, administrators, agents, assigns, employees, officers, insurance companies, attorneys, parent or affiliated companies, and all other persons, firms, or corporations liable or who might be claimed to be liable, none of whom admit any liability to the Undersigned but all expressly deny any liability, from any and all claims, demands, damages, actions, causes of actions, or suits of any kind or nature whatsoever, whether in contract, statute, or tort, and from all injuries, known and unknown, both to person and property, which have resulted or may in the future related to the Towing and Storage of the Undersigned’s vehicle on TOWED DATE from the parking facility.
IT IS EXPRESSLY ACKNOWLEDGED AND UNDERSTOOD BY THE UNDERSIGNED THAT THIS IS A COMPLETE AND FINAL SETTLEMENT AND RELEASE OF ANY AND ALL CLAIMS AND DAMAGES OF ANY NATURE AGAINST ALL THE RELEASED PARTIES RELATED TO THE TOW ING AND STORAGE OF THE UNDERSIGNED’S VEHICLE. THIS SHALL INCLUDE BUT NOT LIMITED TO REFUND OF ALL TOWING AND STORAGE FEES PAID, AND ANY AND ALL CLAIMS RELATED TO: (1) DAMAGE TO THE VEHICLE: (2) LOSS OF USE OF THE VEHICLE: (3) LOST W AGES; (4) PERSONAL INJURY; (4) STATUTORY DAMAGES (5) MENTAL ANGUISH; (6) ATTORNEY’S FEES; (7) COURT COSTS; AND (8) ANY AND ALL COSTS OR DAMAGES ASSOCIATED WITH THE TIME AND INCONVENIENCE RESULTING FROM THE TOWING AND STORAGE OF THE VEHICLE.
It is further agreed and acknowledged by the Undersigned that he/she shall not initiate, bring, or file any complaint or action with the Texas Department of Licensing and Regulation, Law Enforcement Agency, Better Business Bureau, and/or Texas Towing Compliance related to the Towing and Storage of the vehicle. If such complaint or action has been initiated prior to the execution of this Release by the Undersigned, this Release shall evidence that the matter has been resolved and concluded to the complete satisfaction of the Undersigned.
It is further agreed and acknowledged by the Undersigned that he/she shall not post derogatory or disparaging comments or notices on any internet or social media web site regarding the Towing and Storage of the vehicle and/or referencing any of the Released Parties. If such posting was done prior to the execution of this Release the Undersigned agrees to remove the posting to the extent possible within 10 days of execution. Any posting as described above by the Undersigned following the execution of this Release shall entitle the referenced Released Party(s) to $5000.00 in liquidated damages as damage to business reputation.
The Undersigned expressly acknowledges and represents that he/she was the person that paid the Towing and Storage Fee(s) and has authority to execute this Release and on the behalf of all parties the Undersigned is or maybe in privity with.
The Undersigned agrees to fully indemnify and hold harmless all the Released Parties from any and all claims brought by any party related to damages to the towed vehicle. Such indemnification shall include but not limited to all attorney’s fees and expenses incurred by the Release Parties in defense of such claim(s).
The Undersigned acknowledges that any dispute related to this Release between the parties shall be brought in and the exclusive jurisdiction be in Harris County, Texas and that this Release shall be governed and construed under the laws of the State of Texas. If any part of this Release shall be declared unenforceable or void by operation of law, the surviving parts shall remain in full force and effect.
The Undersigned acknowledges that this Release sets forth the full agreement between the parties, contains all representations, agreements, and terms of release and supersedes all prior written or oral agreements or representations between the parties.
The Undersigned hereby declares that the terms of this Release have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final compromise, settlement, and release of any and all claims, disputed or otherwise related to the Towing and Storage of the Undersigned’s vehicle and shall precluded forever any further additional claims arising out of the aforesaid Towing and Storage. The Undersigned hereby accepts the above stated consideration as full and final payment of any and all claims.
READ, ACKNOWLEDGED, AGREED AND ACCEPTED:
Agreed terms and conditions of the discount allotted.