SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ( Settlement Agreement ) is made and entered into this March 2016, by and among Ashley Amigo and John Toothman of 7083 Gallant Fox. Dr, New Albany OH 43054 (jointly and severally hereinafter referred to as Customer ) and Petland-LC, LLC of ( Petland ). RECITALS WHEREAS, Customer alleges certain claims and damages related to the purchase of a certain Rhodesian ridgeback puppy known as Oliver (hereinafter Puppy ) that was purchased on August 8th, 2015. WHEREAS, Petland denies any wrong doing; and WHEREAS, Customer and Petland desire to amicably resolve all claims pursuant to this Settlement Agreement. NOW THEREFORE, in consideration of the foregoing and the good and mutual consideration set forth below, the parties agree as follows: 1.0 Release and Discharge 1.1 Except as provided in this Agreement, in consideration of the payment set forth in Section 2.0, Customer hereby completely and irrevocably releases and forever discharges Petland and its owners, successors, employees, agents, lawyers, and franchisor from all past, present, and future claims demands, obligations, actions, causes of action, rights, demands, costs, attorney s fees, losses of services, expenses and compensation of any nature whatsoever, from the beginning of time to date, whether based in tort, contract, or other theory of recovery, which Customer now has, or which may hereafter accrue or otherwise be acquired directly or indirectly related to the purchase and care of the Puppy. 1.2 Except as otherwise provided in this Agreement, in consideration of the release given to Petland by Customer, Petland hereby completely and irrevocably releases and forever
discharges Customer, and her heirs, assigns, and successors, from all past, present, and future claims, demands, obligations, actions, causes of action, rights, demands, costs, attorneys fees, losses of services, expenses and compensation of any nature whatsoever, from the beginning of time to date, whether based on tort, contract or other theory of recovery, which Petland has or may have, or which might have been asserted in its defense related to the purchase of the Puppy. 1.3 This settlement, release, and discharge shall also pertain to all past present, and future officers, directors, stockholders, attorneys, agents, servants, representatives, employees, parent companies, subsidiaries, affiliates, partners, predecessors in interest, successors in interest, assigns, subcontractors, and insurers of Customer and Petland. 1.4. This settlement, release, and discharge shall be a fully binding and complete settlement, release, and discharge between and among the parties in this Settlement Agreement, including their heirs, assigns, and successors. 2. Payments (Consideration) Petland shall do the following on the date of execution: Refund total pet purchase price of $3,988.99 via company check to the customer. Additionally, Petland will send a second reimbursement check in the amount of $2,893.71 30 days after the original check is received. Finally, Petland will send a third reimbursement check in the amount of $2,893.71 30 days after the second check s issued date. 3. Disputed Claims Petland denies that Customer had valid claims and denies that it is liable to Customer for any acts and/or omissions. This Settlement Agreement is not to be considered an admission of liability by Petland to Customer or vice versa. 4. Confidentiality Customer understands and agrees that all issues related to the facts that gave rise to Customer claims shall be considered confidential and shall not be disclosed to any third person or entity, including but not limited to Angie s List, the Attorney General or the BBB, or placed on social media. In the event an inquiry is made concerning Customer s claims or disputes, 2
Customer shall simply respond that Customer has no dispute with Petland and provide no further information. 5. Non-Disparagement The parties agree to not make any oral or written communication to any person or entity which disparages, or has the effect of damaging the reputation of, or otherwise working in any way to the detriment of the other and its officers, directors, agents, attorneys, employees and customers, and all subsidiaries, affiliates, parents, joint venturers, franchisors and successor entities. The parties also agree not to induce or assist any third party to commit any act which would violate this provision if performed by the party itself. The parties agree that neither party will review, evaluate, or rate the other party, whether in or through a public or private forum, web sites, internet forums or any other means of communication and that neither party will cause the other party to be reviewed, evaluated, or rated for any reason whatsoever, regardless of the medium or forum. Any violation of this section shall be deemed a material breach of this Agreement. Customer represents and warrants that Customer has not reviewed, evaluated, or rated Petland and/or made any disparaging/derogatory statement(s), whether in or through a public or private forum, web sites, internet forums or any other means of communication. Any violation of this section shall be deemed a material breach of this Agreement. 6. Indemnification Each party agrees to indemnify and hold the other party and its affiliates and agents harmless from and against any losses, costs, liabilities and expenses, including attorneys fees, arising out of the breach of the representations, warranties and covenants made by such party herein. In addition, in the event Customer breaches any obligations contained in this Agreement, Customer will repay all payments made pursuant to Section 2. 7. Injunctive Relief 3
In addition to any other remedies at law, in the case of a breach of this Agreement, the non-breaching party shall be entitled to injunctive relief. 8. Governing Law This Settlement Agreement and the rights and remedies of the parties shall be interpreted, construed, and enforced in accordance with the laws of Ohio. 9. Warranties Each party warrants they have the full authority, competency, and capacity to enter into this Agreement. Further, each party represents that no claim or complaint has been filed before any court of law or governmental agency of any kind. 10. Miscellaneous This Agreement may be executed in counterparts, and facsimile or PDF shall be deemed originals. Should any provision of this agreement be declared or determined by any court to be illegal or invalid, the remaining parts, terms or provisions shall not be affected thereby. The signatories below acknowledge that they have read the foregoing provisions, that they have had an opportunity to consult an attorney concerning the meaning and ramifications of the provisions, that they understand and agree to the terms thereof, and that they are signing this agreement of their own free will, intending to be bound hereby. Further, the signatories signing on behalf of a legal entity represent and warrant that they have legal authority to bind the entity for whom they are signing. All parties agree that this Settlement Agreement and Release constitute the entire agreement between and among the parties regarding the subject matter of this agreement. There are no other agreements, oral or written, between the parties pertaining to any matter that is covered by this agreement. Ashley Amigo 4
John Toothman Petland-CP, LLC By: 5