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HomeMy WebLinkAbout20161007 Dowdy Release 1949176RELEASE OF ALL CLAIMS KNOW ALL l\AF.,'N BY TTIES.E PRESENTS: That the Undersigned, being of lawful age, for- sole consideration of 'Three hundred Ten and 00/104 Dollars ($310.114) to be paid to Matthew Dowdy doldoes hereby and for mylourlits heirs, executors, administrators, successors and assigns release, acquit and forever discharge City of :tau Luis Obispo, California and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, msociations or partnerships of and from may and all claims, actions, causes of action, deniands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersi ned now has/have or which may hereafter accrue on aiCOUnt 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 frorn the accident, casualty or event which occurred on or about the 22"r day of September, 2016, at or near Margarita Street at 3231 South Iliguera Street, San Luis Obispo, CA 93441. 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 consirued ias ml admission of liability on the pari (A the party or parties hereby t'eleased, atitl that said releases drny 1.4%bility 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 lime of exccuting the release, which if known by him must have materially affected his settlement with the debtor." 'file undersigned hereby declare(s) and represent(s) that the injuries sustained are or may be permanent and progressive and that recovery therefrom 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, cffeet, 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 surlcon by them 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, I hereby represent that at the time I sign this Release 1 un not hospitalized in a medical facility nor was I admitted to a medical facility within the past 15 days. THE UNDERSICNT`D } ,46 READ TUG ABOVE AND FULLY UNDERSTANDS IT TO BE A FULL AND FINAL REL EA:51.,.; Oh ALL, CLAINIS. Signed�spaled anr. iv ed thl' 1 a t' day of � 046 Wil.liess to 3lglaawre Address of Witness 5itrnalure Witne,vs to Signature Address of Witness Signature For your protection California law requires the following to :appear on this form. Any person who knowingly presents a false or fraudillent claim for the payment of a loss is guilty of a cringe and may be subject to fines and conlinenient in state prison. ACKNOWLEDGMENT UNDER OATH State. of County ofSS Before me this day of came known to me to be the individual who executed this release, and acknowledged that fully understood its contents and fieely executed same for the sole consideration therein expressed. 'Keye° Notary Pudic CW l=ilc: 1949170 , C W072