Live Draft
SETTLEMENT AGREEMENT AND RELEASE REGARDING TOWED AND STORED VEHICLE
REFERENCE NUMBER: __________
IDENTIFICATION OF VEHICLE
VIN: ____ | YEAR: ____ | MAKE: ____ | MODEL: ____ | COLOR: ____
DISCOUNT PROVIDED TO OWNER
TOTAL CHARGES: $0.00 DISCOUNTED CHARGES: $0.00
This Settlement Agreement and Release ("Agreement") is executed by the owner of the Vehicle identified above ("Owner") in favor of Wonderfish Towing & Recovery, LLC ("Wrecker"), effective upon the Owner's signature ("Effective Date"). Owner and Wrecker are collectively referred to herein as the "Parties."
RECITALS
WHEREAS, Wrecker is currently storing the vehicle identified above ("Vehicle");
WHEREAS, Owner desires to obtain a discount on the towing and storage charges assessed on the Vehicle;
WHEREAS, Wrecker is willing to reduce the Total Charges on the Vehicle in exchange for Owner fully and finally settling and compromising all claims, matters, disputes, and causes of action between the Parties and agreeing to the terms hereof;
WHEREAS, to avoid the cost, uncertainty, and inconvenience of litigation, and to buy peace, Wrecker and Owner have agreed to resolve any and all claims of Owner pursuant to the terms of this Agreement;
NOW, THEREFORE, in consideration of the mutual agreements and releases set forth in this Agreement, the Parties agree as follows:
1. Payment Provision. Owner agrees to pay the Discounted Charges identified above, being an amount less than the Total Charges due to Wrecker for the towing and storage of the Vehicle. Upon payment, Wrecker will release the Vehicle to Owner or Owner's agent.
2. Release by Owner. Upon execution of this Agreement and payment of the Discounted Charges, Owner fully and finally releases and forever discharges with prejudice Wrecker from any and all claims, actions, causes of action, damages, liabilities, and demands whatsoever, whether known or unknown, related in any way to the towing and storage of the Vehicle, except for the obligations imposed by this Agreement. Owner acknowledges that all personal property of value has been removed from the Vehicle and waives any claims for items left behind.
3. Waiver of Consumer Rights. Owner states: "I WAIVE MY RIGHTS UNDER THE TEXAS DECEPTIVE TRADE PRACTICES‑CONSUMER PROTECTION ACT, SECTION 17.41 et seq., BUSINESS & COMMERCE CODE. AFTER CONSULTATION WITH AN ATTORNEY OF MY OWN SELECTION, I VOLUNTARILY CONSENT TO THIS WAIVER."
4. Confidentiality. Owner shall keep the contents of this Agreement confidential and shall not divulge its terms (including the Discounted Charges) except in response to a court order or as necessary to enforce this Agreement.
5. Non‑Disparagement. Owner agrees not to make, or cause to be made, any statements—written or oral—that might negatively impact or harm the reputation or business of Wrecker, including on social media or online forums.
6. Authority and Approvals. Owner warrants that they have full authority to enter into and bind all necessary parties to this Agreement and that all requisite approvals have been obtained.
7. Indemnification. To the fullest extent permitted by law, Owner shall indemnify, defend, and hold harmless Wrecker from any and all losses, damages, liabilities, or expenses arising out of claims related to the towing, storage, or release of the Vehicle.
8. Verification of Vehicle Condition. Owner acknowledges that they have inspected the Vehicle and accept it in its current condition, waiving any related claims.
9. Miscellaneous. This Agreement is governed by the substantive laws of the State of Texas, and venue shall be in the state and county in which the vehicle storage facility is located. This Agreement supersedes all prior agreements; may be executed in counterparts, including electronic signatures; and may be modified only by a signed writing.
_______________________________
Owner
Date: __________________