Payment Agreement Template (Free Sample)

This Payment Agreement (the “Agreement”) is entered into ____________________ (the “Effective Date”), by and between ________________________, with an address of _____________________________ (the “Debtee”) and _________________, with an address of _______________________________, (the “Debtor”), also individually referred to as “Party”, and collectively “the Parties.”

WHEREAS, the Debtor owes the Debtee a certain debt; and

WHEREAS, the Debtee and the Debtor desire to enter into an agreement to memorialize this debt and an associated payment plan;

NOW THEREFORE, in consideration of  the mutual promises, covenants, and conditions contained herein, the Parties agree as follows:

1. Debt Amount. The Debtor owes the Debtee $_____________________ (the “Debt”).

2. Payment Plan. The Parties agree to the following Payment Plan.

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________ (the “Payment Plan”)

The Debtor represents and warrants this Payment Plan was developed in such a manner that the Debtor can make the required payments without causing further debt or detriment.  

1. Release and Indemnification. By entering into this Payment Plan, the Debtee agrees to release the Debtor from any previous claims, actions, and/or liabilities due to the Debt. The Parties agree this Agreement does not release the Debtor of any obligations to pay the Debt.

2. Default. If the Debtor defaults on its payments and fails to cure said default within a reasonable amount of time, the Debtee will have the option to declare the entire remaining amount of Principal and any accrued interest, if applicable, immediately due and payable.

3. Representations and Warranties. Both Parties represent that they are fully authorized to enter into this Agreement. The performance and obligations of either Party will not violate or infringe upon the rights of any third party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation.

4. Severability. In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable. 

5. Waiver. The failure by either Party to exercise any right, power, or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or future exercise of that right, power, or privilege or the exercise of any other right, power, or privilege. 

6. Legal Fees. In the event of a dispute resulting in legal action, the successful Party will be entitled to its legal fees, including, but not limited to its attorneys’ fees, collection fees and the like.

7. Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.

8. Governing Law and Jurisdiction. The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties reside/do business. In the event that the Parties reside/do business in different States and/or Countries, this Agreement shall be governed by _________ law.

9. Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both Parties.

 

The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:

 

Debtee

Signed: _____________________________________

Name: _____________________________________

Date: _____________________________________

 

Debtor

Signed: _____________________________________

Name: _____________________________________

Date: _____________________________________