Settlement Class Members’ Release Clause Samples

Settlement Class Members’ Release. Settlement Class Members and Plaintiff will release and forever discharge all claims, demands, rights, liabilities and causes of action whether under state or federal law, that were pled in any of the Complaints in the Action, including the Proposed First Amended Complaint pursuant to the terms of this Agreement, or which could have been pled in any of the Complaints in the Action based on the factual allegations therein, that arose during the Class Period with respect to the following claims: arising out of or related to allegations set forth in the operative Complaint or any PAGA Notice to the Labor and Workforce Development Agency (LWDA) related to this matter, including but not limited to: claims for minimum wage violations; failure to pay overtime wages; failure to pay wages timely; penalties; rest period violations; meal period violations; failure to keep proper records; itemized wage statement violations; waiting time penalties; unfair competition; declaratory relief; (claims under Labor Code sections 201, 202, 203, 204, 210, 226, 226.2, 226.3, 226.7, 510, 512, 1102.5, sections 11 and 12 of the applicable IWC Wage Order(s) and the California Business and Professions Code § 17200 et seq. based on the foregoing Labor Code violations); and claims for civil penalties pursuant to the California Private Attorneys General Act; including, but not limited to, injunctive relief; liquidated damages, penalties of any nature; interest; fees; costs; and all other claims and allegations made or which could have been made in the Action and/or in the form of a PAGA claim from August 29, 2015 through the date of preliminary approval of the Settlement (collectively, “Released Claims”). Except for the release under the PAGA, the release period shall be the same time period as the Class Period.

Settlement Class Members’ Release. As consideration for this Agreement, as of the date of payment for of the Incentive Awards, the Settlement Class Members, including each and every one of their respective agents, representatives, attorneys, heirs, assigns, or any other person acting on their behalf or for their benefit hereby generally release and discharge Released Parties from any and all claims, demands, rights, causes of action, compensatory and punitive damages, attorneys’ fees, costs, debts that were asserted in the Fifth Amended Complaint.

Settlement Class Members’ Release. Settlement Class members and Plaintiff will release any and all claims, charges, complaints, obligations, promises, agreements, suits, rights, costs, losses, liens, penalties, fines, wages, liquidated damages, restitutionary amounts, interest, punitive damages, controversies, liabilities, debts, liabilities, demands, obligations, money owed, interest, guarantees, costs, expenses (including, without limitation, back wages, penalties, liquidated damages, and attorneys’ fees and costs actually incurred), attorneys’ fees and costs, damages, actions or causes of action of any nature for, known or unknown, suspected or unsuspected, which were alleged in the operative Complaint in the Action or which could have been alleged based on the facts in the operative Complaint in the Action that arose during the Class Period, both on behalf of the named class representative and on behalf of the entire class, including claims for: failure to pay all overtime wages (Labor Code §§ 204, 510, 558, 1194, 1198); minimum wage violations (Labor Code §§ 1182.12, 1194, 1194.2, 1197); meal period violations (Labor Code §§ 204, 210, 226.7, 512, 558); rest period violations (Labor Code §§ 226.7, 516, 558); wage statement violations (Labor Code § 226, et seq.); waiting time penalties (Labor Code §§ 201-203); all claims for unfair competition (Business and Professions Code § 17200, et seq.) that could have been premised on the facts, claims, causes of action or legal theories described above; and civil penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”) (Labor Code § 2698, et seq.) that could have been premised on the facts, claims, causes of action or legal theories described above (collectively, the “Released Claims”).

Settlement Class Members’ Release. Effective upon the Final Settlement Date, the Plaintiff and all Settlement Class Members, and each of their respective successors, assigns, legatees, heirs, and personal representatives release and forever discharge Sharecare and each of its direct or indirect parents, wholly or majority-owned subsidiaries, affiliated and related entities, predecessors, successors and assigns, partners, privities, and any of its present and former directors, officers, employees, shareholders, agents, representatives, attorneys, accountants, insurers, and all persons acting by, through, under or in concert with them, or any of them, from all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages (including punitive or any other form of exemplary damages), charges, fines, penalties, losses, costs, expenses, and attorneys’ fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent, which they have or may have arising out of any of the acts, omissions or other conduct of Sharecare in fulfilling records requests on behalf of entities subject to M.G.L. c. 111, § 70 and invoicing and receiving payment for its services, including, without limitation, any claims or actions that were or could have been alleged in the Action, and any acts or omissions on the part of Sharecare which allegedly violate

Settlement Class Members’ Release. After the Judgment is final and Defendant have fully funded the Gross Settlement Amount, and separately paid all employer payroll taxes, Settlement Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against Defendant or related entities for wages based on the Class Period facts and PAGA Payment based on PAGA Period facts, as alleged in the Action and resolved by this Settlement. The Settlement Class Members will be bound by the following release: all Settlement Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from all causes of action and claims that were alleged in the Action or reasonably could have been alleged based on the facts and legal theories contained in the operative complaint, including all of the following claims for relief: (i) failure to pay all regular rate wages, minimum wages, and overtime wages due; (ii) failure to provide compliant meal periods;

Settlement Class Members’ Release. By entry of the Final Approval Order, each Settlement Class Member will have their claims against Sterling dismissed with prejudice, and each Settlement Class Member—and each Settlement Class Member’s executors, administrators, representatives, agents, heirs, successors, assigns, trustees, spouses, or guardians—hereby releases and forever discharges Defendant and the Released Parties from any and all claims, actions, and causes of action, including claims for attorneys’ fees, that were asserted, or which could have been asserted against Sterling and the Released Parties in the Action as of the Effective Date.

Settlement Class Members’ Release. Except for the obligations and rights created 5 by this Agreement, the Releasing Parties hereby fully, finally, and forever, waive, release, and 7 Claims and promise never to assert in any forum any and all Settled Claims as of the Final Effective 8 Date. Upon the Final Effective Date, all Settlement Class Members will be bound by the Settlement 9 and releases herein, regardless of whether or not they received a settlement payment.

Settlement Class Members’ Release. Settlement Class members and Plaintiff will release all claims, demands, damages, rights, liabilities, interest, penalties and causes of action that were pled in the operative Complaint in the Action, or which could have been pled in the operative Complaint in the Action based on the factual allegations therein, that arose during the Class Period including but not limited to the following claims: (a) failure to pay all minimum wages owed resulting from, among other things, alleged unlawful rounding of hours worked; (b) failure to pay all overtime wages owed resulting from, among other things, alleged unlawful rounding of hours worked and failing to properly calculate the regular rate of pay;

Settlement Class Members’ Release. Settlement Class members and Plaintiff will release all claims, demands, rights, liabilities and causes of action that were pled, or could reasonably have been pled based on the factual allegations, in any of the Complaints in the Action that arose during the Class Period with respect to the following claims: (a) failure to pay all minimum wages owed; (b) failure to pay overtime wages owed; (c) failure to provide meal periods, or premium pay for non- compliant meal periods; (d) failure to authorize and permit rest periods, or premium pay for non-compliant rest periods; (e) failure to timely pay all wages due upon separation of employment; and (g) all claims for unfair business practices that could have been premised on the facts, claims, causes of action or legal theories described above (collectively, the “Released Claims”).