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HomeMy WebLinkAbout20170525 Luchessa-Sfx2 Release 1958373RELEASE OF ALL CLAIMS KNOW ALL MEN 13Y THESE PRESENTS: That the Undersigned, being of lawful age, for sole consideration of One Thousand Ninety and 011110€1 Dollars ($1,090.00) to be paid to Trevor Luchessa 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 from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now his/have or which may hereafter accrue on account of or in :any 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 or about the 20'" day ol',ianuaiy, 2017, at or near the intersection of Broad Street and Murray Avenue, San Luis Obispo, CA. It is understood and agreed that this settlement 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 parties hereby 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 state or territory of the United States are hereby expressly waived. Said stiction reads as follows: "1542. Certain claims not affected by genera.) 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 executing the release, which if known by hint must have materially affected his settlement with the debtor." The undersigned hereby declare(s) and represent(s) that the injuries sustained are or may he permanent and progressive and that recovery Lherefrom is uncertain and indefinite and in making this Release it is understood and agreed, that the undersigned rely(ies) wholly upon the undersigned's judgment, belief and knowledge of the nature, extent, effect, and duration of said injuries and liability therefor and is made without reliance upon any statement or representation of the party or parties hereby released or their representatives or by any physician or surgeon by diem employed. The undersigned further declare(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. 1 hereby represent that at the time I sign this Release I am riot hospitalized in a medical facility nor was 1 admitted to a medical facility within the hast 15 days. THE UNDE1t51CN11) HAS HEAD THE ARpVF AND Ti1LLI'UNDERSTAN g 1't� "i'i) til? A FULL ANFINAL �RE HASH: O1 AL1. CLAIMS. Sicrned, sealed and delivered this day iof�._._�_ Witness lo signature Address of Witness 5inalure Witness to signature. Address of Witne," Signature For your protection California law requires the following to appear on this form. Any person who knowingly presents a false for fraudulent claim for tl,c- payment of a loss is guilty of a crime and may be subject to fin=s and confinement in state prison. ACKNOWLEDGMENT UNDER OATH State. or County of SS Before the this day of came; known to me to be the individual who executed this release, and acknowledged that fully understood its contents and freely executed same for the sole consideration therein expressed. Notary Public CW File, 1958373-SN2 CW072