Plaintiffs’ General Release Clause Samples

Plaintiffs’ General Release. In consideration of their awarded Class Representative Payments, their respective pieces of the Settlement Shares, and the other terms and conditions of the Settlement, each Plaintiff (who shall not opt out), jointly, severally, shall, and hereby fully and generally releases, discharges, and covenants not to sue the Released with respect to any and all claims, judgments, liens, losses, debts, liabilities, demands, contracts, disputed wages, obligations, guarantees, penalties, costs, expenses, attorneys’ fees, damages, indemnities, actions, causes of action, and obligations of every kind and nature in law, equity or otherwise, known or unknown, suspected or unsuspected, disclosed or undisclosed, contingent or accrued, occurring up to the execution of this Settlement, which the Plaintiffs now owns or holds or has at any time heretofore owned or held, arising out of or in any way connected with the Plaintiffs’ employment, separation of employment, or any other relationship with, any Defendant or Released Party, or any other transactions, occurrences, acts or omissions or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of said Defendant or Released Party, committed or omitted prior to the date of the Preliminary Approval Order. The Parties intend the Plaintiffs’ General Releases to be general and comprehensive in nature, and to release all Plaintiffs’ Claims and potential Plaintiffs’ Claims against Defendant and the Released Parties to the maximum extent permitted at law. Each Plaintiffs’ General Releases include specifically, by way of description, but not by way of limitation, any and all claims arising out of or in any way related to: (i) any interactions between the Plaintiff and any Defendant or Released Party; (ii) Plaintiff’s employment, separation of employment, contractual, and/or quasi-contractual relationship with the Defendant and the Released Parties, or any of them; (iii) any allegations as to disputed wages, remuneration, and/or other compensation, due by operation of statute, ordinance, contract, or quasi-contract; (iv) any federal, state, or local law prohibiting discrimination or retaliation on the basis of age, race, color, ancestry, religion, disability, sex, national origin, or citizenship or any other protected category, including, without limitation, claims under Title VII, the California Fair Employment and Housing Act, the California Labor Code, FLSA,...

Plaintiffs’ General Release. For the purpose of implementing a full and complete release and discharge, the Plaintiff expressly acknowledges that the release given in this Agreement is intended as a general release of all claims, including but not limited to those that he did not know or suspect at the time of execution hereof, regardless of whether the knowledge of such claims, or the facts upon which they might be based, would materially have affected the settlement of the Lawsuits. Plaintiff expressly acknowledges that the consideration given under this Settlement is also for the release of those claims and contemplates the extinguishment of any such claims against the Released Parties. Plaintiff shall knowingly, voluntarily and completely release the Released Parties as defined in this Settlement from/for all the Plaintiff’s Released Claims. Other than the Class Complaint, the PAGA Complaint, and the LWDA Letter, Plaintiff represents he has no other lawsuit, administrative complaint, or charge against the Released Parties in any local, state or federal court or administrative agency. Plaintiff further acknowledges that all claims raised in the Class Complaint, the PAGA Complaint, and the LWDA Letter shall be fully and finally extinguished by virtue of this Settlement and the Court’s Final Approval Order. Plaintiff further represents that he will not bring any action in the future in which he seeks to recover any damages from Defendant or the Released Parties relating to or arising from Plaintiff’s employment with Defendant, other than an action to enforce their rights under this Settlement. Plaintiff is bound by the Settlement regardless of whether he cashes his settlement check. DocuSign Envelope ID: 709BDE91-36CC-4940-9510-8E54E296371D

Plaintiffs’ General Release. Plaintiffs and their respective former and present spouses, representatives, agents, attorneys, heirs, administrators, successors, and assigns generally, release and discharge Released Parties from all claims, transactions, or occurrences, including, but not limited to: (a) all claims that were, or reasonably could have been, alleged, based on the facts contained in the Operative Complaint or ascertained during the Action and released under 5.2, below; and (b) any other claims, debts, liabilities, demands, damages, obligations, actions and causes of actions, of any nature whatsoever, whether known or unknown, or suspected or unsuspected, arising out of or in connection with their employment with Artisan, the separation of such employment, or any other act, omission or event occurring between the Parties at any time prior to the date Employee executes this Agreement. This General Release includes, without limitation: (1) all claims for violation of any federal, state or local statute, ordinance or regulation relating to employment benefits, leaves of absence, or discrimination, harassment, retaliation or whistleblowing in employment, specifically including, without limitation, the California Fair Employment and Housing Act, the California Family Rights Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Genetic Information Nondiscrimination Act, the Americans with Disabilities Act, and the Employee Retirement Income Security Act, the Consolidated Omnibus Budget Reconciliation Act, the Securities Act, the Immigration Reform and Control Act the Worker Adjustment and Retraining Notification Act of 1988, the California Worker Adjustment and Retraining Notification Act, the Uniformed Service Employment and Reemployment Rights Act, and any regulation of any administrative agency or governmental authority relating to employment benefits or discrimination or harassment or retaliation in employment; (2) all claims for failure to pay minimum or overtime wages, failure to timely pay wages, failure to provide accurate itemized wage statements, failure to maintain accurate records, failure to reimburse business expenses, failure to provide meal periods or rest breaks, failure to provide paid sick leave, failure to post notice of paydays and time and place of payment, and any claim for violations of the California Labor Code, California’s Business and Pro...

Plaintiffs’ General Release. Plaintiffs and his, her, or their respective former and present spouses, representatives, agents, attorneys, heirs, administrators, successors, and assigns generally, release and discharge Released Parties from all claims, transactions, or occurrences that occurred during the Class Period and PAGA Period, including, but not limited to: (a) all claims that were, or reasonably could have been alleged, based on the facts contained in the Operative Complaint; (b) all PAGA claims that were, or reasonably could have been, alleged based on facts contained in the Operative Complaint, Plaintiffs' PAGA Notice(s), or ascertained during the Action and released under 5.2, below; (c) all Plaintiffs’ individual PAGA claims that were, or reasonably could have been alleged, based on facts contained in the Operative Complaint, Plaintiffs’ PAGA Notice(s), or ascertained during the Action and released under 5.2, below ; and (d) all other claims, including but not limited to, any and all tort claims, contract claims, wage claims, wrongful termination claims, disability claims, benefit claims, public policy claims, retaliation claims, statutory claims, personal injury claims, emotional distress claims, invasion of privacy claims, defamation claims, fraud claims, quantum meruit claims, and any and all claims arising under any federal, state or other governmental statute, law, regulation or ordinance, including, but not limited to claims for violation of the Fair Labor Standards Act, the California Labor Code, the Wage Orders of California’s Industrial Welfare Commission, other state wage and hour laws, the Americans with Disabilities Act, the Age Discrimination in Employment Act (ADEA), the Employee Retirement Income Security Act, Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, the California Family Rights Act, the Family Medical Leave Act, California’s Whistleblower Protection Act, California Business & Professions Code Section 17200 et seq., and any and all claims arising under any federal, state or other governmental statute, law, regulation or ordinance (“Plaintiffs' Release”). Plaintiffs' Release does not extend to any claims or actions to enforce this Agreement, or to any claims for vested benefits, unemployment benefits, disability benefits, social security benefits, workers’ compensation benefits that arose at any time, or based on occurrences outside the Class Period. Plaintiffs acknowledge that Plaintiffs may discover facts or...

Plaintiffs’ General Release. Upon the Effective Date and full funding of the 25 Settlement Fund, Plaintiffs, and each of their successors, assigns, heirs, personal representatives, 26 and all those who claim through them or who assert claims on each of their behalf, shall each be 27 deemed to have, and by operation of the Final Approval Order and Judgment shall have, 28 expressly released, waived, and relinquished any and all claims, demands, rights, liabilities, and 1 causes of action each of them has or has ever had against any of the Released Parties, whether for 2 economic damages, noneconomic damages, exemplary damages, penalties, restitution, injunctive 3 or declaratory relief, interest, attorneys’ fees, costs, or any other forms of monetary or non- 4 monetary relief in any way arising out of or relating to any facts, transactions, events, policies, 5 occurrences, acts, disclosures, statements, omissions, or failures to act from the beginning of time 6 to the date each of them signs this Agreement, including but not limited to any claims arising 7 from or related to each of their delivery of RH merchandise. This general release by Plaintiffs 8 shall become effective upon the Effective Date and full funding of the Settlement Fund and 9 include all statutory claims, common law claims (including but not limited to those sounding in 10 contract, tort, and equity), and claims for compensation to the fullest extent permitted by law. 11 Plaintiffs each further agree not to sue or otherwise make a claim against any of the Released 12 Parties for any of the claims that are released pursuant to this Section 5.5.

Plaintiffs’ General Release. Effective upon Plaintiff’s receipt of the Settlement Shares and upon satisfaction of Paragraphs 1.1, 1.2, and 1.3 above, Plaintiff on its own behalf and on behalf of its parent companies, subsidiaries, affiliates, predecessors, successors, assigns, shareholders, unitholders, partners, limited partners, general partners, principals, members, owners, directors, officers, employees, representatives, agents, contractors, insurers, attorneys, auditors, accountants, family members, executors, trustees, beneficiaries, administrators, divisions and affiliated entities, whether past, present or future (collectively, the “Plaintiff Releasors”), fully, finally and irrevocably release Defendant and any of its respective parent companies, subsidiaries, affiliates, predecessors, successors, assigns, shareholders, unitholders, partners, limited partners, general partners, principals, members, owners, directors, officers, employees, representatives, agents, contractors, insurers, attorneys, auditors, accountants, family members, executors, trustees, beneficiaries, administrators, divisions and affiliated entities, whether past, present or future (collectively, the “Defendant Released Parties”) from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, attorney fees, penalties, interests, fines, losses, costs of any kind, and demands whatsoever, in law, admiralty or equity, which the Plaintiff Releasors ever had, now have or in the future may claim to have against the Defendant Released Parties for or by reason of any matter, cause or thing whatsoever from the beginning of the world to the date of this Settlement Agreement and Release, whether presently known or unknown, foreseen or unforeseen (collectively, the “Plaintiff’s Released Claims”). The provisions of this Paragraph 3.1 do not, however, extend or apply to, or in any way limit or affect any rights or obligations under, this Settlement Agreement and Release.

Plaintiffs’ General Release. Plaintiffs, and each of them, release, acquit, discharge, and 2 covenant not to sue any of the Released Parties for any claim, whether known or unknown, which 3 Plaintiffs have ever had, or hereafter may claim to have, arising on or before the date Plaintiffs sign 4 this Agreement, including without limitation to, any claims relating to or arising out of any aspect of 5 their relationship with Defendant, or the termination of that relationship, any claims for unpaid 6 compensation, wages, reimbursement for business expenses, penalties, or waiting time penalties under 7 the California Labor Code, the California Wage Order, the California Business and Professions Code, 8 the federal Fair Labor Standards Act, 29 U.S.C. section 201, et seq. (including the Equal Pay Act), or any state, county, or city law or ordinance regarding wages or compensation; any claims for employee benefits, including without limitation, any claims under the Employee Retirement Income Security Act of 1974; the Retirement Income Security Act, as amended; any claims of employment discrimination on any basis, including without limitation, any claims under the Civil Rights Act of 1866, 1964, and 1991, as amended, 42 U.S.C. section 1981, the Americans with Disabilities Act of 1991, the Family 13 and Medical Leave Act of 1993, the California Fair Employment and Housing Act, Section 503 of the 14 Rehabilitation Act of 1973, the California and United States Constitutions; the California Family 15 Rights Act; the Americans with Disabilities Act; the National Labor Relations Act; the Immigration 16 Reform and Control Act; California’s Occupational Safety and Health Act, or the Federal equivalent;

Plaintiffs’ General Release. As of the Effective Date, in exchange for the consideration set forth in this Agreement, Plaintiff, on behalf of himself and his heirs, successors and assigns, agrees to release the Released Parties from any and all claims, obligations, demands, rights, liabilities and causes of action of every nature and description whatsoever, known or unknown, suspected or unsuspected, asserted or that might have been asserted, whether in tort, contract or for violation of any state or federal statute, rule or regulation based on, arising out of, relating to or in connection with any act or omission by or on the part of any of the Released Parties committed or omitted at any time up to and including the Effective Date, including a waiver of Civil Code §1542. As of the Effective Date, Plaintiff fully and finally releases and discharges the Released Parties from any and all claims, obligations, demands, rights, liabilities and causes of action of every nature and description whatsoever, known or unknown, suspected or unsuspected, asserted or that might have been asserted, under federal, state and/or local law, statute, ordinance, regulation, common law, or other source of law, including but not limited to claims arising from or related to his employment, or the termination of his employment, with Released Parties and his compensation while an employee of Released Parties. Plaintiff’s General Release includes, but is not limited to, all claims arising from or related to the Action, or that could have been asserted in the Action based on the facts alleged in the Action (including, but not limited to, Plaintiff’s unasserted claims for (i) failure to provide accurate itemized wage statements in violation of Labor Code section 226, and (ii) failure to pay unpaid wages at time of discharge in violation of Labor Code sections 201, 202 and 203). Plaintiff’s General Release includes all claims for unpaid wages, including, but not limited to, failure to pay minimum wage, straight time compensation, overtime compensation, and interest; missed meal period and rest-period wages; reimbursement for all necessary business expenses; payment for all hours worked, including off-the-clock work; wage statements; failure to keep accurate records; unfair business practices; penalties, including, but not limited to, recordkeeping penalties, wage statement penalties, minimum-wage penalties, and waiting-time penalties; and attorneys’ fees and costs. Plaintiff’s General Release includes all claims ...

Plaintiffs’ General Release. In addition to the Released Claims in paragraphs 6 & 7 above, Plaintiffs shall be bound by a complete and general release of all claims under any and all applicable federal and state laws and/or regulations as to the Released Parties, and shall also be bound by California Civil Code section 1542 release and waiver of all claims known and unknown, without exception, except as may be prohibited by law, such as claims for workers’ compensation benefits. California Civil Code section 1542 reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”