1. Cayla Thomas
COVENANT NOT TO SUE
This COVENANT NOT TO SUE dated: _______ between FIRST PARTY COVENANTOR
(“Smith”) and SECOND PARTY COVENANTEE (“Jones”)
In consideration of $_______ paid to Smith by Jones, the receipt of which is acknowledged, Smith
covenants as follows:
(1) Smith as the Covenantor will never institute any action or suit at law or in equity against Jones as
the Covenantee, nor institute, prosecute or in any way aid in the institution or prosecution of any
claim, demand, action, or cause of action for damages, costs, loss of services, expenses, or
compensation for or on account of any damage, loss or injury either to person or property, or
both, whether developed or undeveloped, resulting or to result, known or unknown, past, present,
or future, arising out of [INSERT THE CONTRACTUAL CAUSE OF ACTION].
(2) It is understood by Smith that the payment made in consideration of this covenant is not to be
construed as an admission of liability on the part of Jones.
(3) Smith reserves all rights of action, claims and demands against any and all persons other than
Jones who may have been involved in the underlying cause of action for which this covenant was
procured. This instrument is a covenant not to sue the individual Jones and not a release as to all
claims against other parties involved in the cause of action.
(4) This covenant shall inure to the benefit of Jones, his heirs, assigns and legal representatives and
shall bind Smith and his heirs, assigns and legal representative.
(5) Merger clause: This instrument reflects the entire covenant between Smith and Jones. No
statements that are not contained in this covenant not to sue shall be valid or binding.
__________________________ __________________________________
Date of Signature Smith
FIRST PARTY COVENANTOR
__________________________ __________________________________
Date of Signature Jones
SECOND PARTY COVENANTEE