WAIVER AND RELEASE

This Waiver and Release is executed effective as of the date below by the undersigned signatories. Recitals

Lower Montclair Security Association (LMSA) is an unincorporated association comprised of homeowners in the Montclair District of Oakland, California (the “Members”); and
Certain Members of LMSA, which are referred to as “Directors”, act as volunteer agents of the LMSA to contract for neighborhood vehicular patrol services for the benefit of the Members (the “Services”) from an independent third -party vendor (the “Security Vendor”); and
The current Directors of LMSA are Dick Smith, Chris Hadley, Dom Philippine, Nebabie Kebebew and Helen deVol.
Releasor wishes to benefit from the contract for the Services between LMSA and the Security Vendor by becoming a paid subscriber to the Services; and
The Directors are willing to serve as representatives of the LMSA and to arrange for the Services to be provided to the Members provided that it is agreed by each of the Members that the Directors shall have no liability for and make no warranty of any kind regarding the Services or the performance thereof;

Now, therefore, in consideration of the Directors volunteering to act on behalf of the LMSA to secure the Services, the undersigned hereby warrant and agree as follows:

The undersigned for himself/herself/ themselves (hereafter singly and collectively referred to as “Releasor) and for anyone claiming through or under Releasor, hereby waives, releases and forever discharges the current Directors and their successors, assigns, heirs, executors and administrators (all hereinafter collectively referred to as the “Released Parties”) from all claims, actions and causes of action of any nature and from all liabilities and obligations of every kind and character arising out of or related in any way to the Services . The undersigned hereby waive the benefits of the provisions of Section 1542 of the Civil Code of the State of California, which reads as follows:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Releasor shall indemnify and defend the Released Parties in the event the Released Parties incur monetary loss or damage, including attorney fees, because of a claim made by Releasor or someone claiming through Releasor in breach of the foregoing release.

The undersigned warrants that no promises or inducements have been offered or made except as hereinabove set forth; that this release is executed without reliance upon any statements or representations by any of the released parties, or by their representatives and that the undersigned is of legal age and legally competent to execute this release and accept full responsibility therefor.

Please type your full name and date in the fields below to confirm your acceptance of this waiver.