Release By California Class Members. Upon the Effective Date of this Agreement, the California Releasing Persons hereby forever and completely discharge the Released Persons from any and all California Claims, Claims, liabilities, demands, causes of action, or lawsuits, known or unknown, including Unknown Claims, whether legal, statutory, equitable or of any other type or form, whether under federal law (excluding any and all claims arising under the FLSA (which are addressed in Paragraph 7.2)) or state law, and whether brought in an individual, representative or any other capacity, that in any way relate to or arise out of or in connection with acts, omissions, facts, statements, matters, transactions, or occurrences that have been or could have been alleged in this Action, including but not limited to misclassification and other claims as pled in the Xxxxxx Action, overtime, minimum wages, missed or inadequate meal periods and rest breaks, unpaid tip income, reimbursement for uniform costs, itemized wage statement violations, record keeping violations, and waiting time penalties, arising in connection with such claims from the Defendants, Clubs, Consulting and/or Companies’ treatment of the California Settlement Class Members during the California Class Period, including but not limited to and whether plead or not, claims under Labor Code §§ 201, 202, 203, 204, 212, 218, 218.6, 221, 224, 226, 226.7, 350, 351, 353, 402, 435, 510, 512, 558, 1174, 1194, 1197, 1199, 2802, and the Private Attorneys General Act, Labor Code 2698 et seq., Wage Commission Orders 5 and 10, and Business & Professions Code §§ 17200, et seq., as it relates to the underlying California Labor Code claims, from October 30, 2017 to the date of preliminary approval.
Release By California Class Members. In exchange for the payments by Defendants as described herein, upon the Court’s Final Approval of this Settlement, and except as to such rights or claims as may be created by this Settlement, the Class Members and each Releasing Parties, including each Plaintiff (who shall not opt out of the Class), jointly, severally, shall, and hereby do fully release and discharge Released Persons from any and all Claims, judgments, liens, losses, debts, liabilities, demands, 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 and arising out of the dispute which is the subject of the State Action or which could have been asserted in the State Action based on the facts alleged, whether in contract, violation of any state or federal statute, rule or regulation, arising out of, concerning or in connection with any act or omission alleged in the State Action by or on the part of Released Persons during the California Class Period, including, without limitation, (a) Any and all claims pursuant to the California Labor Code, including but not limited to claims, whether expressly plead or not under or pursuant to California Labor Code sections 200-204, 206.5, 207, 208, 210-214, 216, 218, 218.5, 218.6, 221, 222.5, 223, 225.5, 226, 226.3, 226.7, 226.8, 227, 227.3, 245-249, 351-356, 432.5, 450, 510, 512, 551-552, 558, 1174, 1174.5, 1182.12, 1194, 1194.2, 1194.3, 1197, 1197.1, 1198, 1199, 2698 et seq. (PAGA), 2753, 2800, 2802, and 2804; (b) claims pursuant to California Code of Civil Procedure section 1021.5; (c) claims pursuant to California Code of Regulations, Title 8, sections 11050 and 11100; (d) claims pursuant to Industrial Welfare Commission Wage Orders;
