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HomeMy WebLinkAboutContracts & Agreements_75-2013_CCv0001.pdf PARENTAL INDEMNITY AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS that for the sole consideration of a Dismissal with Prejudice and for a Waiver of Costs and Attorney's Fees to the undersigned in hand paid,the receipt and sufficiency whereof is hereby acknowledged, the undersigned individually and as parents, guardian ad litem, and natural guardians; do hereby and for its heirs, executors, administrators, successors and assigns release, acquit and forever discharge CITY OF REDLANDS and its agents, servants, successors, heirs, executors, administrators of and from any and all claims, actions, causes of action, demands, rights, damages, costs,liens, attorney's fees, loss of service, expenses and compensation whatsoever, and particularly on account of bodily injuries sustained by ADAM PEPPER by and through his Guardian Ad Litem TIMOTHY PEPPER, which said minor now had or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the-accident,-casualty or event which occurred on or about the 10th-day of SEPTEMBER 20}10.. at or near CHESTNUT AVENUE County of San Bernardino State of California(which resulted in the filing of PEPPER v VARGAS Case No.: CIVDS 1112160) As further consideration, the undersigned hereby agrees to protect the said Defendant against any-claim for damages, compensation or otherwise on the part of said minor,-growing out of or resulting from injury to said minor in connection with the above mentioned accident, and to reimburse or make good any loss or damage or costs that the said Defendant have to pay if any litigation arises from said injuries. The undersigned hereby waive any and all rights of exemption both as to real and personal property, to which undersigned may be entitled under the laws of this or any other state as against such claims for reimbursement or indemnity by the said Defendant. The undersigned further agrees that all rights under Section 1542 of the Civil Code of California, and any similar law of any state or territory of the United States, or other jurisdiction, are hereby expressly waived. Said Section reads as follows: "1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor dos 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 must have materially affected his or her settlement with the debtor." The undersigned hereby declares and represents that the injuries sustained are or may be permanent and progressive and that recovery therefrom is uncertain and indefinite and in making this Release it is understood and agreed, that the undersigned rely wholly upon the undersigned's judgment, belief and knowledge of the nature, extent, affect and duration of said injuries and liability therefor and is made without reliance upon any statement or representation of the party or parties hereby released or their representatives or by any physician or surgeon by them 1 i --- _ __--_ ._----------- Page 1 of 2 If A611, employed. The undersigned further declares and represents that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. FORYOUR PROTECTION, CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: Section 556: False or fraudulent claim;penalty. It is unlawfW to: (a) Present or cause to be presented any false or fraudulent claim for the payment of a loss under a contract of insurance. (b) Prepare, make or subscribe to any writing,with intent to present or use the same, or to allow it to be presented or used in support of any such claim. -Every person who violates any provision of this section is punishable by imprisonment in - the State prison not exceeding three years or by fine not exceeding One Thousand Dollars, or by both. (Stats. 1935, c. 145, p. 511, section 556) THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. Signed, sealed and delivered this 9 day of L 2013. CAUTION: READ BEFORE SIGNING BELOW T OTHY PE PER as hardian d Litem for ADAM PEPPER Page 2oft