Common use of Release by Participating Class Members Clause in Contracts

Release by Participating Class Members. Plaintiffs and all Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties (which as defined above specifically includes Defendants) from (i) any and all claims, wage and hour claims, rights, demands, liabilities and causes of action of any nature or description alleged/asserted in the Action, as amended, arising from and/or related to the facts and claims alleged/asserted in the Action, as amended during the Class Period, that could have been alleged/asserted in the Action based on the facts and claims alleged in the Action, as amended during the Class Period, and the facts and claims asserted in, arising from or related to, or could have been alleged in the PAGA letter dated June 25, 2021, which was sent to the LWDA on behalf of Xxxxxxx Xxxxxx and other alleged Aggrieved Employees and identified on the LWDA’s website as LWDA-CM-836198-21; (ii) any and all claims for unpaid wages, including, but not limited to, failure to pay minimum wages, straight time compensation, overtime compensation, double-time compensation, and interest; the calculation of the regular rate of pay; wages related to alleged unlawful time rounding; travel time pay; failure to pay wages at least twice each calendar month; failure to timely pay wages; missed/short/late/interrupted meal period, rest period, and/or recovery period wages/premiums; failure to provide meal periods; failure to authorize and permit rest periods and/or recovery periods; the calculation of meal, rest, and/or recovery period premiums; reimbursement for all necessary business expenses, including work-related cell- phone expenses and car mileage for work-related travel; payment for all hours worked, including off-the-clock work; failure to provide/furnish accurate itemized wage statements; deductions; failure to keep/maintain accurate records; failure to timely pay final wages; unlawful deductions and/or withholdings from wages; unfair business practices; penalties, including, but not limited to, recordkeeping penalties, wage statement and payroll reporting penalties, minimum-wage penalties, and waiting-time penalties; and attorneys’ fees and costs; for civil and statutory penalties, including wage statement and payroll reporting penalties, record keeping penalties, minimum wage penalties, attorneys’ fees and costs; and unfair business practices related to the Released Class Claims. The Released Class Claims also include but are not limited to all such claims arising under: California Labor Code sections 201, 201.3, 202, 203, 204, 206, 210, 216, 218, 218.5, 218.6, 221, 222, 225.5, 226, 226.3, 226.7, 246, 247.5, 248.5, 510, 512, 516, 558, 1174, 1174.5, 1175, 1182.12, 1194, 1194.2, 1194.3, 1197, 1197.1, 1198, 1199, 2698 et seq., 2699 et seq., 2800, and 2802; all claims arising under the California Private Attorneys General Act of 2004 (“PAGA”) related to the Released Claims and Released Aggrieved Employee Claims; all claims relating to the Released Class Claims under the California Business and Professions Code section 17200, et seq.; the Release shall also include all claims relating to the Released Claims under the applicable Wage Orders of the California Industrial Welfare Commission (including, but not limited to, IWC Wage Order Nos. 4-2001, 5-2001, 10-2001 and 8 CCR section 11100) for failure to provide accurate itemized wage statements, failure to keep accurate records, for civil and statutory penalties, including wage statement penalties, and record keeping penalties. The Released Claims include those under the Fair Labor and Standards Act (“FLSA”), including those related to recordkeeping obligations, 29 U.S.C. section 211(c); 29 C.F.R. sections 516, 778.223, 778.315, et seq.; and all state and federal law equivalents arising from or related to the facts and claims alleged in the Action and/or LWDA letter or that could have been alleged in the Action and/or LWDA letter; California Civil Code sections 3287, 3288, 3289; California Code of Civil Procedure section 1021.5; and the California common law of contract. This release excludes the release of claims not permitted by law, including but not limited to claims brought for workers’ compensation benefits, and alleged violations occurring outside the Class Period. Plaintiffs and Class Members who timely cash or otherwise negotiate their Settlement Payment Check will be deemed to have opted into the Action, as amended, for purposes of the FLSA and, as to those Class Members, the Released Class Claims include any and all claims the Class Members may have under the FLSA asserted in the Action as amended, arising from or related to the facts and claims alleged in the Action as amended, or that could have been alleged in the Action based on the facts and claims alleged in the Action as amended, during the Class Period. Only those Class Members who timely cash or otherwise negotiate their Settlement Payment Check will be deemed to have opted into the Actions for purposes of the FLSA and thereby release and waive any of their claims under the FLSA arising under or relating to the alleged claims. The following language will be printed on the reverse of each Individual Class Payment Check, or words to this effect: “By endorsing or otherwise negotiating this check, I acknowledge that I read, understood, and agree to the terms set forth in the Notice of Class Action Settlement and I consent to join in the Fair Labor Standards Act (“FLSA”) portion of the [Actions], elect to participate in the settlement of the FLSA claims, and agree to release all of my FLSA claims that are covered by the Settlement.” Upon entry of Judgment, Class Members are precluded from filing a wage and hour action under the Fair Labor Standards Act against the Released Parties for claims and/or causes of action encompassed by the Released Claims which are extinguished and precluded pursuant to the holding in Xxxxxx v. PLS Check Cashers of California, Inc., 899 F.3d 1106 (2018). This release excludes the release of claims not permitted by law

Release by Participating Class Members. Plaintiffs 5.2.1 Upon the funding of the entire Gross Settlement Amount and Employer Taxes, all Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, dependents, administrators, devisees, legatees, executors, trustees, conservators, guardians, personal representatives, successors, and assigns, release whether individual, class, representative, legal, equitable, direct or indirect, or any other type of any capacity, shall and do hereby forever release, discharge, and agree to hold harmless the Released Parties (which as defined above specifically includes Defendants) from (i) any and all claims, wage and hour claims, rights, demands, liabilities and causes of action of any nature or description alleged/asserted in the Action, as amended, arising from and/or related to the facts and claims alleged/asserted in the Action, as amended during the Class PeriodPeriod that were alleged, that or reasonably could have been alleged/asserted in the Action , based on the Class Period facts and claims alleged stated in the Action, as amended during the Class Period, Operative Complaint and the facts and claims asserted in, arising from or related to, or could have been alleged ascertained in the PAGA letter dated June 25, 2021, which was sent to course of the LWDA on behalf of Xxxxxxx Xxxxxx and other alleged Aggrieved Employees and identified on the LWDA’s website as LWDA-CM-836198-21; (ii) Action including any and all claims for unpaid wages, for: (1) failure to provide required meal periods (including, but not limited to, failure first and second meal periods and alleged failures due to pay minimum wagesrounding, straight time compensation, overtime compensation, double-time compensation, and interest; the calculation of the regular rate of pay; wages related to alleged unlawful time rounding; travel time pay; failure to pay wages at least twice each calendar month; failure to timely pay wages; missed/short/late/interrupted meal period, rest period, and/or recovery period wages/premiums; failure to provide meal periods; failure to authorize and permit rest periods and/or recovery periods; the calculation of meal, rest, and/or recovery period premiums; reimbursement for all necessary business expenses, including work-related cell- phone expenses and car mileage for work-related travel; payment for all hours worked, including off-the-clock work, remaining on premises or on-duty during meal periods, untimely, short, interrupted, or otherwise non-compliant meal periods); (2) failure to provide/furnish accurate itemized wage statements; deductions; failure to keep/maintain accurate records; failure to timely pay final wages; unlawful deductions and/or withholdings from wages; unfair business practices; penalties, provide required rest periods (including, but not limited to, recordkeeping penaltiesalleged failures due to rounding, off- the-clock work, remaining on premises or on-duty during rest periods, untimely, short, interrupted, or otherwise non-compliant rest periods); (3) failure to pay overtime wages; (4) failure to pay minimum wages (including, but not limited to, alleged failures due to rounding or off-the-clock work); (5) failure to pay all wages due to discharged and quitting employees; (6) failure to maintain required records; (7) failure to furnish accurate itemized wage statement statements; (8) failure to indemnify employees for necessary expenditures incurred in discharge of duties (including, but not limited to, alleged failures to reimburse employees for necessary expenditures or losses, such as personal cell phones, personal vehicles, purchase and payroll reporting penaltiesmaintenance of tools and supplies, minimum-wage penaltiesuniforms, and waiting-time penaltiesother travel expenses); and attorneys’ fees (9) unfair and costs; for civil and statutory penalties, including wage statement and payroll reporting penalties, record keeping penalties, minimum wage penalties, attorneys’ fees and costs; and unfair unlawful business practices related to arising out of the violations referenced in the Action (“Released Class Claims”). To the extent based on facts alleged on the Operative Complaint or the PAGA Letter, the Released Class Claims. The Released Class Claims also include encompass, but are not limited to, all claims pursuant to all such claims arising under: California the applicable IWC Wage Order (including Wage Order 4-2001), and Labor Code sections §§ 200, 201, 201.3, 202, 203, 204, 206206.5, 210, 216, 218, 218.5, 218.6, 221, 222223, 224, 225.5, 226, 226.3, 226.7, 246, 247.5, 248.5, 510, 512, 516, 558, 1174, 1174.5, 1175, 1182.12, 1194, 1194.2, 1194.3, 1197, 1197.1, 1198, 1199, 2698 et seq., 2699 et seq., 2800, and 2802; all . Except as set forth in Section 6.3 of this Agreement, Participating Class Members do not release any other claims, including claims arising under the California Private Attorneys General Act of 2004 (“PAGA”) related to the Released Claims and Released Aggrieved Employee Claims; all claims relating to the Released Class Claims under the California Business and Professions Code section 17200for vested benefits, et seq.; the Release shall also include all claims relating to the Released Claims under the applicable Wage Orders wrongful termination, violation of the California Industrial Welfare Commission (includingFair Employment and Housing Act, but not limited tounemployment insurance, IWC Wage Order Nos. 4-2001disability, 5-2001social security, 10-2001 and 8 CCR section 11100) for failure to provide accurate itemized wage statements, failure to keep accurate records, for civil and statutory penalties, including wage statement penalties, and record keeping penalties. The Released Claims include those under the Fair Labor and Standards Act (“FLSA”), including those related to recordkeeping obligations, 29 U.S.C. section 211(c); 29 C.F.R. sections 516, 778.223, 778.315, et seq.; and all state and federal law equivalents arising from or related to the facts and claims alleged in the Action and/or LWDA letter or that could have been alleged in the Action and/or LWDA letter; California Civil Code sections 3287, 3288, 3289; California Code of Civil Procedure section 1021.5; and the California common law of contract. This release excludes the release of claims not permitted by law, including but not limited to claims brought for workers’ compensation benefitscompensation, and alleged violations or claims based on facts occurring outside the Class Period. Plaintiffs . 5.2.2 Each Participating Class Member will be bound to the release of Released Class Claims as a result of this Class Settlement and to the terms of the final judgment and the satisfaction of such judgment. 5.2.3 Participating Class Members who timely cash or otherwise negotiate their Settlement Payment Check will be deemed to have opted into the Action, as amended, acknowledged and agreed that their claims for purposes of the FLSA and, as to those Class Members, the Released Class Claims include any and all claims the Class Members may have under the FLSA asserted wages and/or penalties in the Action as amendedare disputed, arising from or related and that their Individual Class Payments constitute payment of all sums allegedly due to the facts and claims alleged in the Action as amended, or that could have been alleged in the Action based on the facts and claims alleged in the Action as amended, during the Class Periodthem. Only those Participating Class Members who timely cash or otherwise negotiate their Settlement Payment Check will be deemed to have opted into the Actions for purposes of the FLSA acknowledged and thereby release and waive any of their claims under the FLSA arising under or relating agreed that California Labor Code Section 206.5 is not applicable to the alleged claims. The following language will be printed on the reverse of each Individual Class Payment Check, or words to this effect: “By endorsing or otherwise negotiating this check, I acknowledge that I read, understood, and agree to the terms set forth Payment. That section provides in the Notice of Class Action Settlement and I consent to join in the Fair Labor Standards Act (“FLSA”) portion of the [Actions], elect to participate in the settlement of the FLSA claims, and agree to release all of my FLSA claims that are covered by the Settlement.” Upon entry of Judgment, Class Members are precluded from filing a wage and hour action under the Fair Labor Standards Act against the Released Parties for claims and/or causes of action encompassed by the Released Claims which are extinguished and precluded pursuant to the holding in Xxxxxx v. PLS Check Cashers of California, Inc., 899 F.3d 1106 (2018). This release excludes the release of claims not permitted by lawpertinent part as follows:

Release by Participating Class Members. Plaintiffs and all (“Class Release”): All Participating Class Members, on behalf of themselves and their respective former and present spouses, family members, representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties (which as defined above specifically includes Defendants) from (i) any and all claimsclaims that were alleged, wage and hour claims, rights, demands, liabilities and causes of action of any nature or description alleged/asserted in the Action, as amended, arising from and/or related to the facts and claims alleged/asserted in the Action, as amended during the Class Period, that reasonably could have been alleged/asserted in the Action , based on the Class Period facts and claims alleged stated in the Action, as amended during the Class Period, Operative Complaint and the facts and claims asserted in, arising from or related to, or could have been alleged ascertained in the PAGA letter dated June 25, 2021, which was sent to course of the LWDA on behalf of Xxxxxxx Xxxxxx and other alleged Aggrieved Employees and identified on the LWDA’s website as LWDA-CM-836198-21; (ii) any and all claims for unpaid wages, Action including, but not limited to, to claims for (a) failure to pay minimum wagesminimum, straight time compensationstraight-time, overtime compensationovertime, or double-time compensationwages, and interest; the calculation of the regular rate of pay; wages related to alleged unlawful time rounding; travel time pay; failure to pay other wages at least twice each calendar monthof any kind during employment; failure to timely pay wages; missed/short/late/interrupted meal period, rest period, and/or recovery period wages/premiums; failure to provide meal periods; (b) failure to authorize and permit rest periods and/or recovery periods; the calculation of meal, rest, and/or recovery or pay rest period premiums; reimbursement for (c) failure to provide meal periods or pay meal period premiums; (d) failure to provide accurate and itemized wage statements; (e) failure to maintain accurate employment records; (f) failure to reimburse or indemnify all necessary business expenses, including work-related cell- phone expenses and car mileage for work-related travel; payment for all hours worked, including off-the-clock work; failure to provide/furnish accurate itemized wage statements; deductions; failure to keep/maintain accurate records; failure to timely pay final wages; unlawful deductions and/or withholdings from wages; unfair business practices; penalties, including, but not limited to, recordkeeping penalties, wage statement and payroll reporting penalties, minimum-wage penalties, and waiting-time penalties; and attorneys’ fees and costs; for civil and statutory penalties, including wage statement and payroll reporting penalties, record keeping penalties, minimum wage penalties, attorneys’ fees and costs; and unfair business practices related to the Released Class Claims. The Released Class Claims also include but are not limited to all such (g) claims arising under: California Labor Code sections 201, 201.3, 202, 203, 204, 206, 210, 216, 218, 218.5, 218.6, 221, 222, 225.5, 226, 226.3, 226.7, 246, 247.5, 248.5, 510, 512, 516, 558, 1174, 1174.5, 1175, 1182.12, 1194, 1194.2, 1194.3, 1197, 1197.1, 1198, 1199, 2698 et seq., 2699 et seq., 2800, and 2802; all claims arising brought under the California Private Attorneys General Act of 2004 (“PAGA”) related to the Released Claims and Released Aggrieved Employee Claims; all claims relating to the Released Class Claims under the California Business and & Professions Code section 17200, et seq.; , based on the Release shall also include all claims relating to the Released Claims under the applicable Wage Orders of the California Industrial Welfare Commission (aforementioned, including, but not limited to all claims for unfair, unlawful and harmful conduct to class members, the general public, and Defendant’s competitors and claims of unlawfully gaining an unfair advantage over other businesses, and all damages, liquidated damages, interest, penalties, attorneys’ fees, costs, and other amounts recoverable based on the aforementioned, to the extent permissible. This release includes, but is not limited to, IWC Wage Order Nos. 4-2001claims for alleged violations of the California Labor Code sections 204, 5-2001210, 10-2001 and 8 CCR section 11100) for failure to provide accurate itemized wage statements226, failure to keep accurate records226.7, for civil and statutory penalties510, including wage statement penalties512, 1174(d), 1174.5, 1194, 1194.2, 1197, 1197.1, 1198, and record keeping penalties2802 and the applicable Wage Orders. The Released Claims include those under Excluded from this portion of the Fair Labor and Standards Act (“FLSA”)release are claims for PAGA penalties that were alleged, including those related to recordkeeping obligations, 29 U.S.C. section 211(c); 29 C.F.R. sections 516, 778.223, 778.315, et seq.; and all state and federal law equivalents arising from or related to the facts and claims alleged in the Action and/or LWDA letter or that reasonably could have been alleged alleged, based on the PAGA Period facts stated in the Action and/or LWDA letter; California Civil Code sections 3287Operative Complaint and Plaintiffs’ PAGA Notice. However, 3288Xxxxxxxxx Employees will release claims for civil PAGA penalties as set forth in Paragraph 5.4 below. Except as set forth in Paragraph 5.4 of this Agreement, 3289; California Code of Civil Procedure section 1021.5; and the California common law of contract. This Participating Class Members do not release excludes the release of claims not permitted by lawany other claims, including but not limited to claims brought for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation benefitscompensation, and alleged violations or claims based on facts occurring outside the Class Period. Plaintiffs and Class Members who timely cash or otherwise negotiate their Settlement Payment Check will be deemed to have opted into the Action, as amended, for purposes of the FLSA and, as to those Class Members, the Released Class Claims include any and all claims the Class Members may have under the FLSA asserted in the Action as amended, arising from or related to the facts and claims alleged in the Action as amended, or that could have been alleged in the Action based on the facts and claims alleged in the Action as amended, during the Class Period. Only those Class Members who timely cash or otherwise negotiate their Settlement Payment Check will be deemed to have opted into the Actions for purposes of the FLSA and thereby release and waive any of their claims under the FLSA arising under or relating to the alleged claims. The following language will be printed on the reverse of each Individual Class Payment Check, or words to this effect: “By endorsing or otherwise negotiating this check, I acknowledge that I read, understood, and agree to the terms set forth in the Notice of Class Action Settlement and I consent to join in the Fair Labor Standards Act (“FLSA”) portion of the [Actions], elect to participate in the settlement of the FLSA claims, and agree to release all of my FLSA claims that are covered by the Settlement.” Upon entry of Judgment, Class Members are precluded from filing a wage and hour action under the Fair Labor Standards Act against the Released Parties for claims and/or causes of action encompassed by the Released Claims which are extinguished and precluded pursuant to the holding in Xxxxxx v. PLS Check Cashers of California, Inc., 899 F.3d 1106 (2018). This release excludes the release of claims not permitted by law

Release by Participating Class Members. Plaintiffs All Class Members who have not opted out will release and all Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release discharge Released Parties (which as defined above specifically includes Defendants) from (i) any and all claims, wage and hour claimsdemands, rights, demands, liabilities and causes of action of any nature that were pled or description alleged/asserted in the Action, as amended, arising from and/or related to the facts and claims alleged/asserted in the Action, as amended during the Class Period, that which could have been alleged/asserted pled in the Operative Complaint in the Action based on the facts and claims alleged in the Actionfactual allegations therein, as amended that arose during the Class Period, and the facts and claims asserted in, arising from or related to, or could have been alleged in the PAGA letter dated June 25, 2021, which was sent Period with respect to the LWDA on behalf of Xxxxxxx Xxxxxx and other alleged Aggrieved Employees and identified on the LWDA’s website as LWDA-CM-836198-21; following claims: (iia) any and all claims for unpaid wages, including, but not limited to, failure to pay minimum wages, straight time compensation, overtime compensation, double-time compensation, and interest; the calculation of the regular rate of pay; wages related to alleged unlawful time rounding; travel time pay; failure to pay wages for all hours worked at least twice each calendar monthminimum wage; (b) failure to pay all overtime wages for daily overtime worked; (c) failure to pay overtime wages at the proper overtime rate; (d) failure authorize or permit meal periods; (e) failure to authorize or permit rest periods; (f) failure to indemnify employees for employment-related losses/expenditures; (g) failure to timely pay wageswages during employment; missed/short/late/interrupted meal period, rest period, and/or recovery period wages/premiums; (h) failure to provide meal periods; failure to authorize complete and permit rest periods and/or recovery periods; the calculation of meal, rest, and/or recovery period premiums; reimbursement for all necessary business expenses, including work-related cell- phone expenses and car mileage for work-related travel; payment for all hours worked, including off-the-clock work; failure to provide/furnish accurate itemized wage statements; deductions; failure to keep/maintain accurate records; (i) failure to timely pay all earned wages and final wagespaychecks due at time of separation of employment; unlawful deductions and/or withholdings from wages; and (j) unfair business practices; penalties, includinget seq., but not limited tothat could have been premised on the facts, recordkeeping penaltiesclaims, wage statement and payroll reporting penalties, minimum-wage penalties, and waiting-time penaltiescauses of action or legal theories described above or in the Operative Complaint in the Action; and attorneys’ fees and costs; for civil and statutory penalties, including wage statement and payroll reporting penalties, record keeping penalties, minimum wage penalties, attorneys’ fees and costs; and unfair business practices related to the Released Class Claims. The Released Class Claims also include but are not limited to all such claims arising under: California (k) violations of Labor Code sections 201, 201.3, 202, 203, 204, 206, 210, 216, 218, 218.5, 218.6, 221, 222, 225.5, 226, 226.3226.2, 226.7, 246, 247.5, 248.5, 510, 512, 516, 558, 1174, 1174.5, 1175515, 1182.12, 1194, 1194.2, 1194.3, 1197, 1197.1, 1198, 11992802 and 2698, 2698 et seq., 2699 et seq., 2800, and 2802; all claims arising under the California Private Attorneys General Act of 2004 (“PAGA”) related to the Released Claims and Released Aggrieved Employee Claims; all claims relating to the Released Class Claims under the California Business and Professions Code section 17200, et seq.; the Release shall also include all claims relating to the Released Claims under the applicable Wage Orders of the California Industrial Welfare Commission (Wage Orders, including, but not limited to, IWC Wage Order NosNo. 4-2001, 5-2001, 10-2001 and 8 CCR section 11100) for failure to provide accurate itemized wage statements, failure to keep accurate records, for civil and statutory penalties, including wage statement penalties16, and record keeping penalties. The Released Claims include those claims under the Fair Labor and Standards Act (“FLSA”), including those related to recordkeeping obligations, 29 U.S.C. Business & Professions Code section 211(c); 29 C.F.R. sections 516, 778.223, 778.31517200, et seq.; and all state and federal law equivalents arising from or related to the facts and claims alleged in the Action and/or LWDA letter or , that could have been alleged sought based on the facts, claims, causes of action or legal theories described above and in the Action and/or LWDA letter; California Civil Code sections 3287, 3288, 3289; California Code Operative Complaint in the Action. The Parties agree that this Release shall not become effective until after Defendant’s second payment of Civil Procedure section 1021.5; and $255,000 six months after the California common law of contractFinal Approval Order/Judgment has paid to the Settlement Administrator. This release excludes the release of claims not permitted by law, including but not limited to claims brought for workers’ compensation benefits, and alleged violations occurring outside the Class Period. Plaintiffs and All Class Members who timely cash or otherwise negotiate their Settlement Payment Check have not opted and thereby release and discharge Released Parties will be deemed to have opted into the Action, as amended, for purposes of the FLSA and, as to those Class Members, acknowledged and agreed that the Released Class Claims include any and all claims the Class Members may have under the FLSA asserted in the Action as amended, arising from or related are disputed and that California Labor Code § 206.5 is not applicable to the facts and claims alleged in the Action as amended, or that could have been alleged in the Action based on the facts and claims alleged in the Action as amended, during the Class Period. Only those Class Members who timely cash or otherwise negotiate their Settlement Payment Check will be deemed to have opted into the Actions for purposes of the FLSA and thereby release and waive any of their claims under the FLSA arising under or relating to the alleged claims. The following language will be printed on the reverse of each Individual Class Payment Check, or words to this effect: “By endorsing or otherwise negotiating this check, I acknowledge that I read, understood, and agree to the terms set forth in the Notice of Class Action Settlement and I consent to join in the Fair Labor Standards Act (“FLSA”) portion of the [Actions], elect to participate in the settlement of the FLSA claims, and agree to release all of my FLSA claims that are covered by the SettlementPayment.” Upon entry of Judgment, Class Members are precluded from filing a wage and hour action under the Fair Labor Standards Act against the Released Parties for claims and/or causes of action encompassed by the Released Claims which are extinguished and precluded pursuant to the holding in Xxxxxx v. PLS Check Cashers of California, Inc., 899 F.3d 1106 (2018). This release excludes the release of claims not permitted by law

Release by Participating Class Members. Plaintiffs and all All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, spouses, heirs, administrators, successors, and assigns, release Released Parties (which as defined above specifically includes Defendants) from (i) any and all claimsclaims that were alleged, wage and hour claimsor reasonably could have been alleged, rights, demands, liabilities and causes of action of any nature or description alleged/asserted in the Action, as amended, arising from and/or related to the facts and claims alleged/asserted in the Action, as amended during through the Class Period, that could have been alleged/asserted in the Action based on the facts stated in the Operative Complaint and claims alleged ascertained in the course of the Action, including but not limited to claims for (1) failure to pay overtime; (2) failure to authorize and/or permit meal breaks or pay lawful premiums; (3) failure to authorize and/or permit rest breaks; (4) failure to reimburse for business-related expenditures; (5) failure to furnish accurate wage statements; (6) waiting time penalties; (7) unfair business practices; and (8) violation of Labor Code sections 200, 201, 202, 203, 218.5, 226, 226.7, 500, 510, 512, 558, 1194, 1198, 2802, and all applicable IWC Wage Orders, Business and Professions Code section 17200 et seq., as amended during well as any and all wage and hour claims asserted or which could have been asserted based on the factual allegations contained in the Operative Complaint, through the Class Period, and the facts and claims asserted inincluding, arising from or related but not limited to, or could have been alleged in the PAGA letter dated June 25, 2021, which was sent to the LWDA on behalf of Xxxxxxx Xxxxxx and other alleged Aggrieved Employees and identified on the LWDA’s website as LWDA-CM-836198-21; (ii) any and all claims for unpaid wages, includingeconomic damages, but not limited tonon-economic damages, failure to pay minimum wagesany other damages, straight time compensation, overtime compensation, double-time compensation, and interest; the calculation of the regular rate of pay; wages related to alleged unlawful time rounding; travel time pay; failure to pay wages at least twice each calendar month; failure to timely pay wages; missed/short/late/interrupted meal period, rest period, and/or recovery period wages/premiums; failure to provide meal periods; failure to authorize and permit rest periods and/or recovery periods; the calculation of meal, rest, and/or recovery period premiums; reimbursement for all necessary business expenses, including work-related cell- phone expenses and car mileage for work-related travel; payment for all hours worked, including off-the-clock work; failure to provide/furnish accurate itemized wage statements; deductions; failure to keep/maintain accurate records; failure to timely pay final wages; unlawful deductions and/or withholdings from wages; unfair business practices; penalties, including, but not limited to, recordkeeping penalties, wage statement and payroll reporting penalties, minimum-wage penalties, and waiting-time penalties; and attorneys’ fees and costs; for civil and statutory penalties, including wage statement and payroll reporting waiting time penalties, record keeping penalties, minimum wage penalties, attorneys’ fees and costs; and unfair business practices related to the Released Class Claims. The Released Class Claims also include but are not limited to all such claims arising under: California Labor Code sections 201, 201.3, 202, 203, 204, 206, 210, 216, 218, 218.5, 218.6, 221, 222, 225.5, 226, 226.3, 226.7, 246, 247.5, 248.5, 510, 512, 516, 558, 1174, 1174.5, 1175, 1182.12, 1194, 1194.2, 1194.3, 1197, 1197.1, 1198, 1199, 2698 et seq., 2699 et seq., 2800liquidated damages, and 2802; all claims arising under the California Private Attorneys General Act of 2004 (“PAGA”) related to the Released Claims and Released Aggrieved Employee Claims; all claims relating to the Released Class Claims under the California Business and Professions Code section 17200, et seq.; the Release shall also include all claims relating to the Released Claims under the applicable Wage Orders of the California Industrial Welfare Commission (including, but not limited to, IWC Wage Order Nos. 4-2001, 5-2001, 10-2001 and 8 CCR section 11100) for failure to provide accurate itemized wage statements, failure to keep accurate records, for civil and other associated damages and/or statutory penalties, including wage statement penalties, and record keeping penalties. The Released Claims include those under the Fair Labor and Standards Act (“FLSA”), including those related to recordkeeping obligations, 29 U.S.C. section 211(c); 29 C.F.R. sections 516, 778.223, 778.315, et seq.; and all state and federal law equivalents arising from or related to the facts and claims alleged in the Action and/or LWDA letter or that could have been alleged in the Action and/or LWDA letter; California Civil Code sections 3287, 3288, 3289; California Code of Civil Procedure section 1021.5; and the California common law of contract. This release excludes the release of claims not permitted by law, including but not limited to damages and/or penalties for claims brought under Labor Code sections 200, 201, 202, 203, 218.5, 226, 226.7, 500, 510, 512, 558, 1194, 1198, 2802, and all applicable IWC Wage Orders, Business and Professions Code section 17200 et seq., and any and all claims or potential claims for lost wages and/or benefits, consequential economic damages, other economic damages, punitive damages, any other damages, attorneys' fees and costs and interest, through the Class Period. Except as set forth in paragraph 5.3 of this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation benefitscompensation, and alleged violations or claims based on facts occurring outside the Class Period. Plaintiffs and Class Members who timely cash or otherwise negotiate their Settlement Payment Check will be deemed to have opted into the Action, as amended, for purposes of the FLSA and, as to those Class Members, the Released Class Claims include any and all claims the Class Members may have under the FLSA asserted in the Action as amended, arising from or related to the facts and claims alleged in the Action as amended, or that could have been alleged in the Action based on the facts and claims alleged in the Action as amended, during the Class Period. Only those Class Members who timely cash or otherwise negotiate their Settlement Payment Check will be deemed to have opted into the Actions for purposes of the FLSA and thereby release and waive any of their claims under the FLSA arising under or relating to the alleged claims. The following language will be printed on the reverse of each Individual Class Payment Check, or words to this effect: “By endorsing or otherwise negotiating this check, I acknowledge that I read, understood, and agree to the terms set forth in the Notice of Class Action Settlement and I consent to join in the Fair Labor Standards Act (“FLSA”) portion of the [Actions], elect to participate in the settlement of the FLSA claims, and agree to release all of my FLSA claims that are covered by the Settlement.” Upon entry of Judgment, Class Members are precluded from filing a wage and hour action under the Fair Labor Standards Act against the Released Parties for claims and/or causes of action encompassed by the Released Claims which are extinguished and precluded pursuant to the holding in Xxxxxx v. PLS Check Cashers of California, Inc., 899 F.3d 1106 (2018). This release excludes the release of claims not permitted by law

Release by Participating Class Members. Plaintiffs Upon entry of the final judgment and funding of the Gross Settlement Amount, all Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties (which as defined above specifically includes Defendants) from (i) any and all claims, wage and hour claims, rights, demands, liabilities and causes of action of any nature claims that were alleged or description alleged/asserted in the Action, as amended, arising from and/or related to the facts and claims alleged/asserted in the Action, as amended during the Class Period, that reasonably could have been alleged/asserted in the Action , based on the facts and claims alleged in the Action, as amended during the Class Period, and the facts and claims asserted in, arising from or related to, or could have been alleged in the PAGA letter dated June 25, 2021, which was sent to the LWDA on behalf of Xxxxxxx Xxxxxx and other alleged Aggrieved Employees and identified on the LWDA’s website as LWDA-CM-836198-21; (ii) any and all claims for unpaid wages, including, but not limited to, failure to pay minimum wages, straight time compensation, overtime compensation, double-time compensation, and interest; the calculation of the regular rate of pay; wages related to alleged unlawful time rounding; travel time pay; failure to pay wages at least twice each calendar month; failure to timely pay wages; missed/short/late/interrupted meal period, rest period, and/or recovery period wages/premiums; failure to provide meal periods; failure to authorize and permit rest periods and/or recovery periods; the calculation of meal, rest, and/or recovery period premiums; reimbursement for all necessary business expenses, including work-related cell- phone expenses and car mileage for work-related travel; payment for all hours worked, including off-the-clock work; failure to provide/furnish accurate itemized wage statements; deductions; failure to keep/maintain accurate records; failure to timely pay final wages; unlawful deductions and/or withholdings from wages; unfair business practices; penalties, including, but not limited to, recordkeeping penalties, wage statement and payroll reporting penalties, minimum-wage penalties, and waiting-time penalties; and attorneys’ fees and costs; for civil and statutory penalties, including wage statement and payroll reporting penalties, record keeping penalties, minimum wage penalties, attorneys’ fees and costs; and unfair business practices related to the Released Class Claims. The Released Class Claims also include but are not limited to all such claims arising under: California Labor Code sections 201, 201.3, 202, 203, 204, 206, 210, 216, 218, 218.5, 218.6, 221, 222, 225.5, 226, 226.3, 226.7, 246, 247.5, 248.5, 510, 512, 516, 558, 1174, 1174.5, 1175, 1182.12, 1194, 1194.2, 1194.3, 1197, 1197.1, 1198, 1199, 2698 et seq., 2699 et seq., 2800, and 2802; all claims arising under the California Private Attorneys General Act of 2004 (“PAGA”) related to the Released Claims and Released Aggrieved Employee Claims; all claims Operative Complaint relating to the Released Class Claims under the California Business wage and Professions Code section 17200, et seq.; the Release shall also include all hour claims relating to the Released Claims under the applicable Wage Orders of the California Industrial Welfare Commission (including, but not limited to, IWC Wage Order Nos. 4-2001, 5-2001, 10-2001 and 8 CCR section 11100) for failure to provide accurate itemized wage statements, failure to keep accurate records, for civil and statutory penalties, including wage statement penalties, and record keeping penalties. The Released Claims include those under the Fair Labor and Standards Act (“FLSA”), including those related to recordkeeping obligations, 29 U.S.C. section 211(c); 29 C.F.R. sections 516, 778.223, 778.315, et seq.; and all state and federal law equivalents arising from or related to the facts and claims alleged in the Action and/or LWDA letter or that could have been alleged in the Action and/or LWDA letter; California Civil Code sections 3287, 3288, 3289; California Code of Civil Procedure section 1021.5; and the California common law of contract. This release excludes the release of claims not permitted by law, including but not limited to any and all claims brought involving any alleged unpaid overtime and/or minimum wage under Labor Code sections 510, 1194, 1197, 1197.1 and 1198, failure to provide meal and rest periods pursuant to Labor Code sections 204, 226.7, 510,512, and 1198, alleged unreimbursed business expenses under Labor code section 2802, alleged failure to provide and maintain accurate records violations under Labor Code sections 226(a)/(f)/(h),, alleged failure to pay wages during employment under Labor Code sections 204, 210, alleged failure to pay wages after under employment Labor Code sections 201-203, alleged violation of California Business & Professions Code section 17200 et seq. (Unfair Competition Law) arising from the labor code violations listed hereinabove from August 6, 2016 to September 23, 2022 (“Class Period”). This release will be as to the Released Parties, which shall include EdNet Career Institute (dba Xxxxxxxx Private Security), and each of its former and present directors, officers, shareholders, owners, members, attorneys, insurers, predecessors, successors, assigns, subsidiaries and/or affiliates. The release shall be effective with respect to the Settlement Class Members who do not validly opt-out of the Class Settlement, who worked for Defendant during the Class Period. The release shall be effective upon final approval of the Class Settlement and funding in full of the Fund by Defendant. Except as set forth in Section 6.3 of this Agreement, Participating Class Members do not release any other claims, including claims for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation benefitscompensation, and alleged violations or claims based on facts occurring outside the Class Period. Plaintiffs and Class Members who timely cash or otherwise negotiate their Settlement Payment Check will be deemed to have opted into the ActionThis release expressly excludes PAGA penalties, as amended, for purposes of the FLSA and, as to those Class Members, the Released Class Claims include any and all claims the Class Members may have under the FLSA asserted in the Action as amended, arising from or related to the facts and claims alleged in the Action as amended, or that could have been alleged in the Action based on the facts and claims alleged in the Action as amended, during the Class Period. Only those Class Members who timely cash or otherwise negotiate their Settlement Payment Check will be deemed to have opted into the Actions for purposes of the FLSA and thereby release and waive any of their claims under the FLSA arising under or relating to the alleged claims. The following language will be printed on the reverse of each Individual Class Payment Check, or words to this effect: “By endorsing or otherwise negotiating this check, I acknowledge that I read, understood, and agree to the terms set forth in the Notice of Class Action Settlement and I consent to join in the Fair Labor Standards Act (“FLSA”) portion of the [Actions], elect to participate in the settlement of the FLSA claims, and agree to release all of my FLSA claims that are covered by the Settlement.” Upon entry of Judgment, Class Members are precluded from filing a wage and hour action under the Fair Labor Standards Act against the Released Parties for claims and/or causes of action encompassed by the Released Claims which are extinguished and precluded pursuant to the holding in Xxxxxx v. PLS Check Cashers of California, Inc., 899 F.3d 1106 (2018). This release excludes the release of claims not permitted by lawseparately released hereinbelow.

Release by Participating Class Members. Plaintiffs In consideration for their awarded Individual Settlement Payments, as of the date the Settlement becomes Final, all Class Members (other than those Class Members who timely and all Participating Class Members, validly elected not to participate in the Settlement) on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release and discharge Xxxxxxx, and all of its former and present parents, subsidiaries, and affiliates, and their current and former officers, directors, employees, partners, shareholders and agents, and the predecessors and successors, assigns, and legal representatives of all such entities and individuals (“Released Parties (which as defined above specifically includes DefendantsParties”) from (i) any and all claimsclaims that were alleged, wage and hour claims, rights, demands, liabilities and causes of action of any nature or description alleged/asserted in the Action, as amended, arising from and/or related to the facts and claims alleged/asserted in the Action, as amended during the Class Period, that reasonably could have been alleged/asserted in the Action , under state or federal law, based on the facts and claims alleged stated in the Action, as amended operative complaint during the Class Period, Covered Period and the facts and claims asserted in, arising from or related to, or could have been alleged ascertained in the PAGA letter dated June 25, 2021, which was sent to course of the LWDA on behalf of Xxxxxxx Xxxxxx and other alleged Aggrieved Employees and identified on the LWDA’s website as LWDA-CM-836198-21; (ii) any and all Action including claims for unpaid wages, including, but not limited to, (a) failure to pay minimum wages, straight time compensation, overtime compensation, double-time compensation, and interest; the calculation of the regular rate of pay; wages related to alleged unlawful time rounding; travel time pay; (b) failure to pay wages at least twice each calendar month; failure to timely pay overtime wages; missed/short/late/interrupted meal period, rest period, and/or recovery period wages/premiums; (c) failure to provide meal periods; (d) failure to authorize and permit provide rest periods and/or recovery periods; the calculation of meal, rest, and/or recovery period premiums; reimbursement for all necessary business expenses, including work-related cell- phone expenses and car mileage for work-related travel; payment for all hours worked, including off-the-clock work; (e) failure to provide/furnish pay all due wages at termination; (f) failure to provide accurate itemized wage statements; deductions(g) unfair competition; (h) failure to keep/maintain accurate recordspay for all time worked based on rounding of time; failure to timely (i) regular rate of pay final wageserrors; unlawful deductions and/or withholdings from wages; unfair business practices; penalties, including, but not limited to, recordkeeping penalties, wage statement and payroll reporting penalties, minimum-wage penalties( j) liquidated damages, and waiting-time penalties; and attorneys’ fees and costs; for any other related civil and statutory penalties, including wage statement those recoverable under PAGA; and payroll reporting penalties, record keeping penalties, minimum wage penalties, (k) all attorneys’ fees fees, interest, and costs; and unfair business practices litigation costs related to these claims arising during the Covered Period (“Class Members’ Released Class Claims”). The Class Members’ Released Class Claims also include but are not limited to without limitation claims meeting the above definition(s) under any and all such claims arising under: applicable statutes, including without limitation the California Payment of Wages Law, and in particular, California Labor Code sections §§ 200, 201, 201.3, 202, 203, 204, 206208, 210, 216, 218, 218.5, 218.6, 221, 222, 225.5223, 226, 226.3, 226.7, 246, 247.5, 248.5256, 510, 512, 516, 558, 1174, 1174.5, 11751193.6, 1182.12, 1194, 1194.2, 1194.3, 1197, 1197.1, 1198, 1198.5, 1199, 2698 et seq., 2699 et seq., 2800; the California Unfair Competition Act, and 2802; all claims arising under the in particular, California Private Attorneys General Act of 2004 (“PAGA”) related to the Released Claims and Released Aggrieved Employee Claims; all claims relating to the Released Class Claims under the California Business and Professions Bus. & Prof. Code section 17200, §§ 17200 et seq.; the Release shall also include all claims relating to the Released Claims under the applicable Wage Orders of the PAGA, California Industrial Welfare Commission (including, but not limited to, IWC Wage Order NosLabor Code §§ 2698 et. 4-2001, 5-2001, 10-2001 and 8 CCR section 11100) for failure to provide accurate itemized wage statements, failure to keep accurate records, for civil and statutory penalties, including wage statement penalties, and record keeping penalties. The Released Claims include those under the Fair Labor and Standards Act (“FLSA”), including those related to recordkeeping obligations, 29 U.S.C. section 211(c); 29 C.F.R. sections 516, 778.223, 778.315, et seq.; and all state and federal law equivalents arising from or related to the facts and claims alleged in the Action and/or LWDA letter or that could have been alleged in the Action and/or LWDA letter; California Civil Code sections 3287, 3288, 3289; California Code of Civil Procedure section § 1021.5; California Civil Code §§ 3287 and 3288; all applicable California Industrial Wage Orders, and any other provision of the California common law of contract. This release excludes the release of claims not permitted by law, Labor Code or any applicable California Industrial Welfare Commission Wage Orders (including but not limited to Wage Order Nos. 1 and 4). Participating Class Members do not release any other claims, including claims brought for vested benefits, wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation benefitscompensation, and alleged violations or claims based on facts occurring outside the Class Period. Plaintiffs and Class Members who timely cash or otherwise negotiate their Settlement Payment Check will be deemed to have opted into the Action, as amended, for purposes of the FLSA and, as to those Covered Period.(the “Class Members, the ’ Released Class Claims include any and all claims the Class Members may have under the FLSA asserted in the Action as amended, arising from or related to the facts and claims alleged in the Action as amended, or that could have been alleged in the Action based on the facts and claims alleged in the Action as amended, during the Class Period. Only those Class Members who timely cash or otherwise negotiate their Settlement Payment Check will be deemed to have opted into the Actions for purposes of the FLSA and thereby release and waive any of their claims under the FLSA arising under or relating to the alleged claims. The following language will be printed on the reverse of each Individual Class Payment Check, or words to this effect: “By endorsing or otherwise negotiating this check, I acknowledge that I read, understood, and agree to the terms set forth in the Notice of Class Action Settlement and I consent to join in the Fair Labor Standards Act (“FLSAClaims”) portion of the [Actions], elect to participate in the settlement of the FLSA claims, and agree to release all of my FLSA claims that are covered by the Settlement).” Upon entry of Judgment, Class Members are precluded from filing a wage and hour action under the Fair Labor Standards Act against the Released Parties for claims and/or causes of action encompassed by the Released Claims which are extinguished and precluded pursuant to the holding in Xxxxxx v. PLS Check Cashers of California, Inc., 899 F.3d 1106 (2018). This release excludes the release of claims not permitted by law