The thing that actually scared me the most was this:
> Release of Unknown Claims. I acknowledge that there is a possibility that after my execution of this
Agreement, I may discover facts or incur or suffer claims which were unknown or unsuspected at the time this
Agreement was executed and which, if known by me at that time, may have materially affected my decision to execute
this Agreement.
...
> I have been advised
of the existence of Section 1542 of the California Civil Code which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE
...
> I and the Releasing Parties knowingly and voluntarily waive the provisions of Section
1542, as well as any other statute, law or rule of similar effect, and acknowledge and agree that this waiver is an
essential and material term of this Agreement...
What the actual fuck. Can a contract lawyer chime in on whether this term is enforceable? Can a release release the very laws that regulate releases? In California?
IMHO lawsuits are like an exception handler--they're what you do when the normal way of doing business fails. There are people who use exceptions as part of handling normal conditions and there are people who use lawsuits as a normative way of doing business, and I try very hard to work with neither with about the same level of distaste. Documents like this make it pretty clear what side of the line they're on, as this clause only comes about with an army of lawyers with nothing better to do.
> Release of Unknown Claims. I acknowledge that there is a possibility that after my execution of this Agreement, I may discover facts or incur or suffer claims which were unknown or unsuspected at the time this Agreement was executed and which, if known by me at that time, may have materially affected my decision to execute this Agreement.
...
> I have been advised of the existence of Section 1542 of the California Civil Code which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE
...
> I and the Releasing Parties knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this Agreement...
What the actual fuck. Can a contract lawyer chime in on whether this term is enforceable? Can a release release the very laws that regulate releases? In California?
IMHO lawsuits are like an exception handler--they're what you do when the normal way of doing business fails. There are people who use exceptions as part of handling normal conditions and there are people who use lawsuits as a normative way of doing business, and I try very hard to work with neither with about the same level of distaste. Documents like this make it pretty clear what side of the line they're on, as this clause only comes about with an army of lawyers with nothing better to do.