For individuals seeking restitution from gambling operators, understanding the contents of a settlement agreement is crucial. Settlement agreements are typically presented as a means to resolve disputes without proceeding to trial, and while they may vary slightly from one case to another, certain recurring themes and terms are commonly included. Below, we explore what you can generally expect from such agreements based on industry examples.
Key Features of Settlement Agreements
Monetary Compensation
Settlement agreements generally offer a specific sum of money, referred to as the “Settlement Sum,” to be paid to the claimant. This amount is often described as being offered on a “without admission” basis, meaning the operator does not admit liability but seeks to resolve the matter commercially.
Full and Final Settlement
The agreement often stipulates that the payment is made in full and final settlement of all claims. This means that by accepting the settlement, the claimant agrees not to pursue any further claims against the operator or its associated entities, now or in the future.
Confidentiality Clauses
A key aspect of these agreements is strict confidentiality. Claimants are typically required to keep the terms of the settlement, the existence of the agreement, and related negotiations private. Exceptions may allow disclosures to regulatory authorities, law enforcement, or for purposes of seeking support from recognised treatment providers.
Additional Conditions
Settlement agreements often impose specific obligations on the claimant, such as:
Discontinuation of Proceedings: Claimants must provide evidence that they have formally discontinued any ongoing legal claims against the operator.
Self-Exclusion Measures: As a safeguard, claimants are often required to register with GAMSTOP, SENSE, MOSES or equivalent self-exclusion schemes for a specified period, usually the maximum duration available.
Proof of Identity: Operators typically request photographic identification and proof of address to verify the claimant’s identity. Bank account details are also required to process the payment securely.
Permanent Account Closure: Claimants are generally required to agree to the permanent closure of any accounts held with the operator’s brands and to refrain from opening new accounts in the future.
Non-Engagement with Gambling
Many agreements include clauses preventing claimants from using the settlement funds to engage in further gambling activities. This aligns with the operators’ purported commitment to responsible gambling practices.
Timelines for Payment
Payments are often conditional on the claimant fulfilling the outlined obligations. Once these conditions are satisfied, the operator typically agrees to release the settlement sum within a set period. We often observe seven working days.
No Admission of Liability
Operators commonly include language clarifying that the settlement does not constitute an admission of liability, wrongdoing, or breach of duty.
What This Means for Claimants
These agreements are designed to bring finality to disputes, ensuring that claimants receive compensation while operators mitigate further risks and costs associated with litigation. However, they also bind claimants to specific conditions and may limit their ability to pursue future claims or actions. Confidentiality clauses, in particular, can restrict claimants from sharing their experiences publicly.