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HomeMy WebLinkAbout20160329 DeMartini Release 1939423RELEASE OF ALL CLAIMS KNOW AL.,L., MEAN BYTHESE I'RESF.N1"S: That the Undersigned, being of lawful ale, for sole consideration of One Hundred Forty - Three anti 05/100 Dollars ($143.05) to be paid to Teresa UeMartini do/does hereby and for nlylourlits 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, lleirs, exteutor:s, 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 has/have or which may hereafter accrue on account of or in any way growing out of zany and all known and unknown, foreseen and unforeseen bodily and personal injuries and properly damage and the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about the 31" day of January, 2016, at or near 1633 Pereira Drive, 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 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 executing the release, which if known by him must have materially affected his senle:nacnt with the debtor.,, The undersigned hereby duclare(s) and represent(s) that the injuries sustained are or may be permanent and progressive- and that recovery therc-from is uncr:rtain and indefinite and in making this Release it is understood and agreed, that the undeisie;ned rely(ies) Whvty upii the undersigned'sjudgnncnt, belief and knowledge of the nature-, extent, effect, and duration of said injuries and liability therefor anis k 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 them employed. 'T'he 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 ternis of this Release are contractual and not a mere recital_ I hereby represent that at the time I sign this Release 1 ani not hospitalized in a medical facility nor was.l admitted to a medical facility- within the past 15 days. TlIE I Nt)Elt41C:NIA) HAS READ TI 1E ABOVE AND FULLY t?NDERSTAND5 IT TO BEA FULL ANI) FUNAL RELEASE ill ALL C1,.�1�IS. si-t sealed run delivered this P rniG'�S5 to 41L11alkire Wi(rwss`to signature Address of Witness _ Sigmrture. For your protection California law requires the following to appear on this form. Any person who knowingly presents a false or #i-audulent. claim for the payment of a loss is guilty of a crime: and may be subject to tines and contilwinem in state. prison. State of County of Before. me this ay of ACKNOWLEDGMENT UNDER OAT11 S5 known to nae to he the indiv1dual who executed this releasw, and acknowledged that conicnis and freely executed same for the sole consideration therein expressed. came fully understood its Notary Public (AV072