SYUFY SETTLEMENT AGREEMENT AND RELEASE

1. This Settlement Agreement and Release (“Agreement”) is an effort to resolve disputed legal claims. Please read the document in its entirety and be sure you understand it before signing and accepting a financial recovery.

2. This Agreement is between (“You” or “Your”), on the one hand, and Syufy Enterprises LP and its subsidiaries, related companies, parents, predecessors, successors and assigns (“Syufy Enterprises” or the “Company”), on the other hand. This Agreement does not constitute an admission of any wrongdoing by the Company. In an effort to resolve matters informally, however, the Parties agree to the terms contained in this Agreement.

3. In exchange for the release of claims described below in Paragraphs 5 and 6, You will receive a Settlement Payment in the amount of $150.00 less deductions (such as taxes) required by law (“Settlement Payment”). The Settlement Payment will be allocated 20 percent (20%) to wages (to be reported on an IRS Form W2) and eighty percent (80%) as interest and penalties (to be reported on an IRS Form 1099, if required). The Company will initiate the Settlement Payment via digital payment or check within seven (7) days upon the Company’s receipt of the executed Agreement.

4. By signing this Agreement, You acknowledge Your understanding of the following:

(a) On July 22, 2020, a former employee of Syufy Enterprises LP, Ethan Brown, filed a lawsuit in the Superior Court of the State of California, County of Alameda (Case No. 24CV84227) (the “Lawsuit”). The Lawsuit alleges: (1) Failure to Pay Minimum Wages; (2) Unpaid Overtime; (3) Meal Break Violations; (4) Rest Break Violations; (5) Wages Not Timely Paid During Employment; (6) Wage Statement Violations; (7) Untimely Final Wages; (8) Failure to Reimburse Necessary Business Expenses; and (9) Unfair Competition. In the Lawsuit, Ethan Brown seeks to represent employees similarly situated to him. The Lawsuit may include You. The Company disputes these allegations and believes it has complied fully with applicable California and federal law.

(b) By signing this Agreement, You are giving up Your right to pursue those claims set forth below in Paragraph 5 against the Company through the date of your signature on this Agreement.

(c) You have the right and opportunity to consult with an attorney of Your choosing before signing this Agreement.

5. By accepting and cashing the Settlement Payment described in Paragraph 3, You are fully, finally, and forever releasing and discharging the Company (including its representatives, owners, officers, directors, employees, and its affiliates, from all of the “Released Claims.” For purposes of this Agreement, the “Released Claims” means any and all claims and rights of any kind that You may have, whether now known or unknown, suspected or unsuspected, arising out of the allegations in the Lawsuit through the date that You sign the Agreement and return it to the Company (the “Effective Date”). To be precise, this means that You are forever giving up, for any period prior to and through the Effective Date of this Agreement: all claims based on the allegations, facts, and legal remedies currently asserted in the Lawsuit, including but not limited to claims raised under the California Labor Code, IWC Wage Orders, any applicable wage orders, the California Business & Professions Code, and any other state or federal law, including claims for compensation, reimbursement, wages, deductions, wage statements or other recordkeeping, meal periods or rest breaks, and statutory, civil, or other penalties, including but not limited to California Labor Code §§ 200-203, 204, 226.7, 510, 512, 1194, 1194.2, 1197, 1197.1, 1198, 2800, 2802, California Business & Professions Code §§ 17200, et. seq., IWC Wage Order No. 4(A), 4, 11, and 12.

6. By signing this Agreement, You are not giving up any claims or rights You have with respect to any claims other than those specifically falling within the definition of Released Claims, in Paragraph 5 above. Further, this Agreement is not intended to bar any claims that, by statute, may not be waived, including claims relating to Workers’ Compensation and/or the National Labor Relations Board.

(a) Waiver of § 1542 of Civil Code of the State of California . By signing this Agreement, You understand, acknowledge, and hereby expressly waive all rights under Section 1542 of the Civil Code of the State of California, which reads as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

(b) Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of each and all of the Released Claims, You expressly acknowledge that this Agreement is intended to include and does include in its effect, without limitation, all claims which You do not know or suspect to exist in Your favor at the time You signed this Agreement and that this Agreement contemplates the extinguishment of all such claims.

7. The Parties acknowledge and agree that nothing herein shall be deemed to imply, constitute, or be construed as an admission of liability or wrongdoing on the part of Company, and that this Agreement is in compromise of disputed claims which have not been resolved on their merits. The Company has denied, and continues to deny, any liability to the plaintiff and any other putative class members in the Lawsuit, and contends that it is not liable to them with respect to any of their claims.

8. You acknowledge and agree that: (a) You executed this Agreement voluntarily, of Your own free will, and without threat of coercion or retaliation; (b) that no other promises or representations have been made other than those that have been specifically set forth in this Agreement; (c) You are not signing this Agreement in reliance on any other promises or representations; and (d) You have read and actually understood the Agreement in its entirety before signing this Agreement.

9. Any disputes regarding the validity, formation, interpretation, application, or enforcement of this Agreement shall be resolved, on an individual basis only, by final and binding arbitration pursuant to the American Arbitration Association’s Commercial Arbitration Rules then in existence in accordance with the Federal Arbitration Act. Those rules are available at www.adr.org under “Rules, Forms & Fees.” Each party shall bear its own costs, fees, and attorney’s fees to resolve any such dispute.

10. Except as otherwise provided in this Paragraph, should any part of this Agreement be found to be wholly or partially illegal, invalid or unenforceable, the remaining parts or provisions shall remain in force and effect. You expressly acknowledge and agree that the release set forth in Paragraph 5 of this Agreement is a material term to this Agreement and constitutes valuable consideration in exchange for the amount paid to You pursuant to Paragraph 3 of this Agreement. Accordingly, if any portion of that release or if the Agreement as a whole is found unenforceable, illegal, or otherwise invalid, the amounts paid to You under this Agreement shall be returned to the Company immediately.

11. This Agreement is the entire agreement between You and the Company regarding the subject matter of the Agreement, and supersedes any and all prior agreements or understandings, written or oral, concerning the subject matter of the Agreement.

12. You are solely responsible for any and all tax consequences arising out of Your receipt of any monies pursuant to this Agreement.

13. A fax, PDF, or electronic signature on this Agreement shall have the same force and effect as an original signature.

14. This Agreement shall be construed pursuant to California law except as otherwise provided.

SETTLEMENT AGREEMENT AND RELEASE