Exhibit 10.1
RELEASE OF
CLAIMS
This Release of Claims (“
Release ”) is made and entered into as of this
28th day of November, 2006 by Nicholas Turner, an individual
(hereinafter referred to as the “ Releasing
Party ”), and is hereby acknowledged by ARTISTdirect,
Inc., a Delaware corporation (the “ Company
”).
RECITALS
A.
Releasing Party resigned as the Company’s Vice President,
Business Development, effective as of August 31, 2006 (the “
Resignation Effective Date ”).
B.
Releasing Party and the Company have agreed to enter into an
independent contractor agreement, in the form attached hereto as
Exhibit A (the “ Contractor Agreement
”), so that Releasing Party may continue to act as a
consultant and continue to provide services to the Company, on the
terms and conditions set forth therein.
C.
To induce the Company to enter into the Contractor Agreement,
Releasing Party has agreed to enter into this Release.
D.
As additional consideration for this Release, the Company has
agreed to pay Releasing Party $1,000 on the date this Release is
executed and delivered.
Now, therefore, in consideration of
the foregoing, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Releasing
Party does as follows:
1.
I shall fully release and forever discharge the Company and its
agents, employees, officers, directors, trustees, representatives,
owners, attorneys, subsidiaries, related corporations, assigns,
successors, and affiliated organizations (hereafter referred to
collectively as the “ Released Parties
”), and each and all of them, from any and all liabilities,
claims, causes of action, charges, complaints, obligations, costs,
losses, damages, injuries, attorneys’ fees, and other legal
responsibilities, of any form whatsoever, whether known or unknown,
unforeseen, unanticipated, unsuspected or latent, which Releasing
Party or Releasing Party’s heirs, administrators, executors,
successors in interest, and/or assigns have incurred or expect to
incur, or now own or hold, or have at any time heretofore owned or
held, or may at any time own, hold, or claim to hold by reason of
any matter or thing arising from any cause whatsoever prior to the
date of the Releasing Party’s execution of this
Release.
2.
Without limiting the generality of the foregoing, and by way of
example only, I fully release and discharge each and all of the
Released Parties from any and all claims, demands, rights, and
causes of action that have been or could be alleged against any of
said Released Parties (a) in connection with my employment, prior
employment agreements, or the termination of such employment; (b)
in connection with any and all matters pertaining to my employment
by any of the Released Parties, including, but not limited to, any
and all compensation, salaries, wages, bonuses, commissions,
overtime, monies, pay, allowances, benefits, sick pay, severance
pay, retention pay or benefits, paid leave benefits,
penalties,
1
interest, damages, and promises on
any and all of the above; and (c) under or in connection with the
state and federal age discrimination laws, as explained further in
Section 3 below.
3.
Without limiting the scope of this Release in any way, I also
certify that this Release constitutes a knowing and voluntary
waiver of any and all rights or claims that exist or that I have or
may claim to have under the Federal Age Discrimination in
Employment Act (“ ADEA ”), as amended by
the Older Workers Benefit Protection Act of 1990 (“
OWBPA ”), which is set forth at 29 U.S.C.
§ § 621, et seq . This Release
does not govern any rights or claims that may arise under the ADEA
after the date this Release is signed by the Releasing
Party.
4.
This Release extends to any and all claims including, but not
limited to, any alleged (a) violation of the National Labor
Relations Act, Title VII of the Civil Rights Act, the Americans
With Disabilities Act of 1990, the ADEA, as amended by the OWBPA,
the Fair Labor Standards Act, the Occupational Safety and Health
Act, the Consolidated Omnibus Budget Reconciliation Act of 1985;
(b) discrimination on the basis of national origin, sex, race,
religion, age, disability, marital status, or any other
characteristic protected by law, breach of any express or implied
employment contract or agreement, wrongful discharge, breach of the
implied covenant of good faith and fair dealing, intentional or
negligent infliction of emotional distress, fraud,
misrepresentation, defamation
