A covenant not to sue is a covenant entered into by a party who had a cause of action at the time of making it, and by which he agrees not to sue the party liable to such action. Covenants of this nature, are either covenants perpetual not to sue, or covenants not to sue for a limited time; for example, seven years.
A covenant not to sue is not a release. The difference is one of intent and grows out of the construction placed on the terms of the instrument, since a covenant not to sue is not a present abandonment or relinquishment of a right or claim but merely an agreement not to enforce an existing cause of action, and, although it may operate as a release between the parties to the agreement, it will not release a claim against joint obligors or joint tortfeasors. In the case of a release, there is an immediate discharge, whereas, in the case of a covenant not to sue, there is merely an agreement not to prosecute a suit.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Florida Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child is a legal agreement that limits the ability of parents to pursue legal action on behalf of their minor child in certain situations. This type of covenant not to sue is designed to protect individuals or entities from potential lawsuits brought by parents on behalf of their minor child. In the state of Florida, there are different types of covenants not to sue by parents regarding a claim of their minor child, depending on the circumstances involved. Some key types include: 1. Medical Treatment Covenant Not to Sue: This type of covenant typically arises in situations where parents have consented to medical treatment for their minor child. By signing this agreement, parents release healthcare providers from liability for any potential harms or injuries that may arise from the treatment. It is commonly used in situations such as surgeries, dental procedures, or other medical interventions. 2. School Activities Covenant Not to Sue: This type of covenant is often used by educational institutions or organizations that offer extracurricular activities for minor children. By signing this agreement, parents agree not to sue the school or organization for any injuries or accidents that may occur during the activity. It is commonly used for sports teams, field trips, or any other activity that presents inherent risks. 3. Release of Liability Covenant Not to Sue: This type of covenant is broader in scope and can be applied to various situations involving the minor child. It generally releases the persons or entities specified in the agreement from any potential claims arising from the child's participation in activities or events. This can include recreational activities, summer camps, or even playground accidents. In all these cases, the purpose of these covenants is to protect individuals or entities from lawsuits that may arise from the participation or involvement of a minor child. By signing these agreements, parents acknowledge and accept the potential risks associated with certain activities or treatments, and agree not to hold others legally responsible for any resulting harm or injuries. It's important to note that the validity and enforceability of these covenants may vary depending on the specifics of each case, as well as any relevant state laws. It's always advisable to consult with a qualified attorney to understand the implications and potential limitations of signing such covenants in Florida.Florida Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child is a legal agreement that limits the ability of parents to pursue legal action on behalf of their minor child in certain situations. This type of covenant not to sue is designed to protect individuals or entities from potential lawsuits brought by parents on behalf of their minor child. In the state of Florida, there are different types of covenants not to sue by parents regarding a claim of their minor child, depending on the circumstances involved. Some key types include: 1. Medical Treatment Covenant Not to Sue: This type of covenant typically arises in situations where parents have consented to medical treatment for their minor child. By signing this agreement, parents release healthcare providers from liability for any potential harms or injuries that may arise from the treatment. It is commonly used in situations such as surgeries, dental procedures, or other medical interventions. 2. School Activities Covenant Not to Sue: This type of covenant is often used by educational institutions or organizations that offer extracurricular activities for minor children. By signing this agreement, parents agree not to sue the school or organization for any injuries or accidents that may occur during the activity. It is commonly used for sports teams, field trips, or any other activity that presents inherent risks. 3. Release of Liability Covenant Not to Sue: This type of covenant is broader in scope and can be applied to various situations involving the minor child. It generally releases the persons or entities specified in the agreement from any potential claims arising from the child's participation in activities or events. This can include recreational activities, summer camps, or even playground accidents. In all these cases, the purpose of these covenants is to protect individuals or entities from lawsuits that may arise from the participation or involvement of a minor child. By signing these agreements, parents acknowledge and accept the potential risks associated with certain activities or treatments, and agree not to hold others legally responsible for any resulting harm or injuries. It's important to note that the validity and enforceability of these covenants may vary depending on the specifics of each case, as well as any relevant state laws. It's always advisable to consult with a qualified attorney to understand the implications and potential limitations of signing such covenants in Florida.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.