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HomeMy WebLinkAbout20170116 Rhodes Release 1953655RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS: That the Undersigned, being of lawful age, for sole consideration of Five Hundred and 0011(10 Dollars (W0.00) to be paid to Debra Marie Rhodes do/does hereby and for my/our/its heirs, executors, administrators, successors and assigns release, acquit and forever discharge City of San Luis Obispo, California and his, her, their, or its agents, servants_ successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and frown any and all claims, actions, causes of ac. -tion, demands, rights, damages, costs, loss of sea�ice, expenses and compensation whatsoever, which the undersigned now has/have, or which may hereafter accrue on account of or in arty way growing out of any and ,all known and unknown, foreseen and unforeseen bodily and personal injuries and property damage; and the consequences thereof resulting or to result from the accident, casualty or event which occurred on ar about the 12"' day of Deceinber, 2016, at or near 208 Madonna Road at intersection with El Mercado, San Luis Obispo, CA 93405. It is understood and agreed that this sotticment is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the, party or panics hcrcby released, and that said releases deny liability therefor and intend merely to avoid litigation and buy their peace. It is further understood and agreed that all rights under Section 1542 of the Civil Code of California and any similar law of any slate or territory of the, United Shales are hereby expressly waived. Said section reads as follows: "1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of exoeuting the release, which if known by him must have materially affected his settlement with the debtor." The. undersigned hereby declare(s) and represents) that the injuries sustained are or may be permanent and progressive and that recovery cli .refrom is uncortain and indefinite and in making this Release ii is understood and agreed, that the enders;f;nod rely(rc,j v i„.; ui.;J; zl.e under-sigrred'sja.adgment, belief and knowledge of the nature., extent, effect, and duration of said injuries and liability therefor and is made without reliance: upon any slatente.nt or representation of the party or parties hereby released or their representatives or by any physician or surgeon by thea] employed. The undersigned further dcc;lare(s) and represent(s) that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release- are contractual and not a mere recital. I hereby represent that It the time I sign this Release I am not hospitalized in a medical facility nor was I admitted to a medical facility within the past 1.5 days. THE UN DI RSIGNED IiAS READ THF, ABOVE AND HOLLY UNDERSTANDS IT TO BE A FULL AND FINAL RELEASE OF ALL CIAIMS. Signed, scaled and delivered this day of,YA �A 7 ` ddress of Witness Signature Wi4les”, tor"sicont a P, Adc vss of Witness Signature For your protection California law requires the following to appear on this form. Any person who, knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a criane and may be subject to fines and ccinfinc;1wot iti state prison. ACKNOWLEDGMENT UNDER OATEI State of County of Before me this day of SS carne known to me to be the individual who executed this release, and acknowledged that fully understood its contr"nis and freely executed same for the sole; consideration therein expressed. ,6 qVAXR$ Notary Public (Vlaile:1953655 C:W072