CONFIDENTIAL SETTLEMENT RELEASE
PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT YOU ARE RELEASING IMPORTANT LEGAL RIGHTS.
This Confidential Settlement Release (“Release”) is entered into by , (you are referred to in this document as either “You” or the “Releasing Claimant”). This Confidential Settlement Release sets forth the terms of Your release of certain claims as against Hims & Hers Health, Inc. (“H&H”), and certain other parties (the “Released H&H Parties”). This Confidential Settlement Release is deemed effective as of the date of Your signature below.
This Confidential Settlement Release is expressly contingent on the Master Settlement Agreement (“MSA”), which gives H&H the option to rescind or modify the MSA and this Confidential Settlement Release if there are or fewer than 1,902 Settling Claimants (as that term is defined in the MSA). If H&H rescinds the MSA and this Confidential Settlement Release, then both the MSA and this Confidential Settlement Release shall be deemed void ab initio, and any payment required by either agreement shall not be due or paid. All capitalized terms in this Confidential Settlement Release that are not specifically defined have the definitions given to them in the MSA, all definitions below are the same as in the MSA. As reflected in the MSA, this release is on behalf of You, the Releasing Claimant, and all the parties referred to as “Released H&H Parties” in the MSA.
1. Definitions
(a) “Releasing Claimant” means each and every Settling Claimant and each Settling Claimant’s respective, to the extent applicable and in their capacities as such, past or present principals, the Settling Claimant’s successors and predecessors and assigns in interest of any of the Settling Claimant, trustees, partners, members, agents, fiduciaries, insurers, attorneys, immediate family members, estates, administrators, heirs, and personal or legal representatives.
(b) “Released Claims” means any and all actual or potential claims or causes of action of every nature and description, whether known or unknown, regardless of legal or equitable theory and whether arising under federal, state, common, or foreign law, that the Settling Claimants have or ever have had against Released H&H Parties that arise out of, are based upon, or relate to the claims that H&H violated California’s Invasion of Privacy Act, the Electronic Communications Privacy Act, the California Confidentiality of Medical Information Act, and/or any other similar state, federal, and/or foreign statutory and/or common law, arising out of any facts, transactions, events, matters occurrences, acts, disclosures, statements, representations, omissions or failures to act regarding the alleged disclosure, use, interception or transfer of information of or related to the Releasing Claimants, including, but not limited to, through use of the Meta pixel or other pixels, cookies, code, and/or tracking or analytics tools, located on or accessed by, the Released H&H Parties’ websites and web or mobile applications, including all claims relating to such information belonging to any and all Releasing Claimants, up to and including the latter of (i) the Effective Date or (ii) the date on which the Releasing Claimant signs the Release (the “Releasing Date”). Upon the Releasing Date, the Releasing Claimants shall be deemed to have fully, finally, and forever released, relinquished, and discharged all Released Claims against the Released H&H Parties. Further, upon the Releasing Date, and to the fullest extent permitted by law, each Releasing Claimant, shall, either directly, indirectly, representatively, or in any capacity, be permanently barred and enjoined from filing, commencing, prosecuting, intervening in, or participating (as a class member or otherwise) in any arbitration, lawsuit, action, or other proceeding in any jurisdiction (other than participation in the Settlement as provided herein) against any Released H&H Party based on the Released Claims. For the avoidance of doubt, Released Claims do not include claims relating to the enforcement of the MSA., or to claims held by either a Released H&H Party or a Released Claimant not involving the informational privacy of the Releasing Claimants.
(c) “Released H&H Party(ies)” means H&H, and each of its past or present subsidiaries, parents, affiliates, principals, owners, joint venturers, officers, directors, shareholders, trustees, estates, heirs, executors, administrators, partners, members, fiduciaries, contractors, employees, insurers, co-insurers, reinsurers, controlling shareholders, attorneys, representatives, and agents, in their capacities as such; and each of the predecessors, successors, and assigns of the foregoing.
(d) “Unknown Claims” are claims that could have been raised and that any or all of the Releasing Claimants do not know or suspect to exist, which, if known by him or her, might affect his or her agreement to release the Released H&H Parties or the Released Claims or might affect his or her decision to agree, object or not to object to the Settlement, arising out of any facts, transactions, events, matters occurrences, acts, disclosures, statements, representations, omissions or failures to act regarding the alleged disclosure, use, interception or transfer of information of or related to the Releasing Claimant through use of the Meta Pixel or other pixels, cookies, code, and/or tracking or analytics tools, including all claims relating to such information belonging to any and all Releasing Claimants, up to the Releasing Date. Upon the Releasing Date, the Releasing Claimants shall be deemed to have, and shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits of § 1542 of the California Civil Code, which provides 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. Upon the Releasing Date, the Releasing Claimants also shall be deemed to have, and shall have, waived any and all provisions, rights and benefits conferred by any law of any state or territory of the United States, or principle of common law, or the law of any jurisdiction outside of the United States, which is similar, comparable or equivalent to § 1542 of the California Civil Code. The Releasing Claimants acknowledge that they may discover facts in addition to or different from those that they now know or believe to be true with respect to the subject matter of this release, but that it is their intention to finally and forever settle and release the Released Claims, notwithstanding any Unknown Claims they may have, as that term is defined in this Paragraph.
2. Releasing Claimant’s Release
By signing this document, You will be giving up the right to sue or pursue the Released H&H Parties for certain claims related to the alleged disclosure, use, interception or transfer of your information to/with third parties that You might have against them.
3. Payment Terms
In exchange for executing this Confidential Settlement Release, Claimant shall receive at minimum, $600 to be adjusted upward on a pro rata basis depending on the amount claims made and consistent with Your retainer agreement with Claimants’ Counsel. All Parties shall bear their own attorneys’ fees and costs.
The deadline to sign this Release and accept the settlement is July 7, 2025.
(a) Consideration and Terms of Payment. In exchange for the promises contained in this Release, including Releasing Claimant’s release of all Released Claims against the Released H&H Parties, and the Confidentiality provision in this Release, and provided that all the terms of this Release are met, H&H agrees to cause payment to the Releasing Claimant pursuant to the terms of MSA Together, this shall constitute the full “Consideration” payable to Releasing Claimant in conjunction with this Release.
(b) Releasing Claimant understands and agrees that the Consideration is part of an aggregate settlement that includes other clients represented by Claimants’ Counsel. Releasing Claimant agrees that the Consideration is full and fair compensation for all Released Claims. Releasing Claimant understands that the MSA contains a provision that permits H&H the option to terminate the settlement if fewer than 1,902 of the other individual Claimants represented by Claimant’s Counsel do not accept the settlement by becoming a Releasing Claimant. If H&H exercises its option to terminate the MSA, the parties will be returned to the position that they were in prior to the settlement.
(c) Releasing Claimant understands that the Consideration may result in a legal obligation by the settlement administrator to report the Consideration to the IRS. Releasing Claimant agrees to provide any information necessary for the administrator to fulfill its reporting obligations, including by providing to the settlement administrator the Releasing Claimant’s Social Security Number or Individual Taxpayer Identification Number. The settlement administrator maintains the right to withhold any Consideration to Releasing Claimant until it has all necessary information, or to automatically withhold a portion consistent with IRS obligations, and such withheld payment has no effect on whether this Release is binding. Neither H&H nor its counsel is providing any tax advice to Claimants and nothing in the MSA or this Release shall be construed to constitute tax advice.
(d) Release of Claims. Releasing Claimant acknowledges and agrees that, in consideration of the promises and obligations contained in this Release, Releasing Claimant waives, releases, relinquishes, and discharges all Released Claims against H&H and any of the other Released H&H Parties.
4. Confidentiality
You agree that You shall not disclose the terms of this Settlement, including the amount of money You are getting from H&H, to any person or entity, other than accountants, tax specialists, and other professionals who have a need to know the terms and who also agree to keep the terms confidential.
You acknowledge that agreement to, and maintenance of, the confidentiality of this settlement are material terms of this Confidential Settlement Release and the related MSA. You shall not publicly disclose the existence or terms of the Confidential Settlement Release or MSA, except to fulfill the obligations created by the MSA or as required by law.
5. Non-Disparagement
You agree not to make any negative or disparaging statements in connection with the Settlement or Released Claims about the Released H&H Parties, H&H or any services it sells, H&H’s websites, and H&H’s web applications, , whether public or private, written or oral, and you and your counsel will not initiate, contribute to, and/or participate in any news or media coverage, press release, postings, blogs, or internet-based notices or news concerning H&H, its principals, owners, employees, concerning the Settlement or the Released Claims.
You acknowledge that agreement to this non-disparagement provision is a material term of this Confidential Settlement Release and the related MSA.
6. Advice of Counsel
You hereby acknowledge that You have read this Confidential Settlement Release and had an opportunity to obtain advice of counsel regarding it. You also acknowledge that You have been advised by counsel as to the material terms of the MSA to which this Confidential Settlement Release relates, that You understand the terms thereof and of this Release, and that You freely and voluntarily sign and enter into it. You further acknowledge that, in entering into this Confidential Settlement Release, You have not relied upon any statement or representation by or on behalf of the Released H&H Parties, except as may be expressly stated herein.
7. Incorporation of MSA
The terms and conditions of the MSA are fully incorporated herein by this reference.
8. Miscellaneous Provisions
(a) Claimant’s agreement with Claimant’s Counsel is governed by the laws and rules of professional conduct of the State of California.
(b) Any dispute between Claimant and H&H regarding this Confidential Settlement Release is governed by the laws of the State of California.
(c) No waiver of any of the terms of this Confidential Settlement Release shall be valid unless in writing and signed by You and H&H.
(d) This Confidential Settlement Release shall not be modified or altered except by a written agreement signed by You and H&H.
(e) If any provision(s) of this Confidential Settlement Release shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions of this Confidential Settlement Release shall not in any way be impaired thereby, and such remaining provisions shall continue to be valid, binding and enforceable.
(f) Representation: Releasing Claimant represents and warrants that Releasing Claimant’s understanding is that Releasing Claimant is represented by Claimants’ Counsel and only Claimants’ Counsel with respect to the Released Claims. To the extent Releasing Claimant is or was represented by other counsel as well as Claimants’ Counsel, Releasing Claimant hereby confirms that Releasing Claimant wants Claimants’ Counsel and only Claimants’ Counsel to represent Releasing Claimant with respect to those Released Claims, and that any engagements of any other counsel with respect to the Released Claims are terminated.
By signing this Release, I expressly acknowledge, understand, and voluntarily accept the settlement offered to me through this Release and the MSA and agree to all the terms and conditions set forth in this Release. By signing this Release, I acknowledge that I have read and fully understand this Release and the MSA, that I have freely executed it without coercion or duress, and that I intend to be bound by this Release by signing below.
