Release By FLSA Settlement Class Members. Upon the Effective Date of this Agreement, all members of the California Class who sign the Claim Form and submit it to the Settlement Administrator shall be deemed to have opted into the FLSA collective action. Upon the Effective Date, each and every FLSA Settlement Class Member and the FLSA Releasing Persons hereby forever completely release and discharge the Released Persons from any and all misclassification and wage-related claims of any kind arising under the FLSA, based on any act or omission that occurred, during the FLSA Class Period, in any way related to any of the facts or claims alleged or could have been alleged in the Actions or by reason of the negotiations leading to this settlement, even if presently unknown and/or un-asserted, from October 30, 2017 to the date of preliminary approval. The matters released by the FLSA Releasing Persons herein also include any breach of contract claims, and any state common law wage claims including, but not limited to, claims of unjust enrichment and quantum meruit, derived from or related to the Released Persons’ alleged failure to pay wages in violation of the FLSA. With respect to any and all claims or potential claims the FLSA Settlement Class Members may have, upon the Effective Date, the FLSA Settlement Class Members shall be deemed to have, and by operation of the Final Judgment shall have, expressly waived, and may not assert in any proceedings as a bar to or voiding in any way the effectiveness of this release, the provisions, rights and benefits of any provisions of the Laws of the United States and any claims arising or of any state which provides that a general release does not extend to claims which a party does not know or expect to exist in its favor at the time of executing the release, which if known to the party may have materially affected the Settlement. Upon the Effective Date, the FLSA Settlement Class Members shall be deemed to have, and by operation of the Judgment shall have, expressly waived the provisions, rights and benefits of California Civil Code § 1542, which provides: A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her would have materially affected his or her settlement with the debtor or released party. The FLSA Settlement Class Members’ release described in this paragraph shall include all released claims, known or unknow...
