AGREEMENT AND GENERAL RELEASE
This Agreement and General Release (“Agreement”) is entered into on ________20__ by and between __________________________(“Employee”), on the one hand, and Church of Scientology International (“CSI”), a California non-profit religious corporation, on the other hand.
RECITALS
WHEREAS, ____________________ is a religious worker, employed by CSI, a church of the Scientology religion;
WHEREAS, Employee“s performance of duties and responsibilities and his/her ethical conduct in connection with his/her employment by CSI does not justify his/her continued employment by CSI;
WHEREAS, Employee is no longer entitled to membership in the religious order within the Scientology religion known as the Sea Organization.
WHEREAS, Employee and CSI wish to have a clear statement of their respective rights, obligations, and duties upon Employee“s termination from employment by CSI and a basis upon which Employee and CSI may cooperate with one another in the future; and
WHEREAS, to avoid potential conflict or misunderstanding in the future between Employee and CSI,
NOW, THEREFORE: in consideration of the premises, promises, covenants, and warranties set forth in this Agreement, and for good and valuable consideration, the receipt of which the parties to this Agreement hereby acknowledge, Employee and CSI agree as follows:
1. Termination of Employment.
A. ___________________“s employment in any and all capacities by CSI is hereby terminated as of the date first stated above.
B. Employee acknowledges and agrees that at all times throughout his/her employment by CSI and throughout his/her employment by any entity affiliated with the Scientology religion, he/she has been compensated in a timely manner in full accordance with all applicable laws and Scientology policy, and that he/she is entitled to no further compensation as a result of such employment.
2. General Release.
A. As a material inducement to CSI to enter into this Agreement, Employee on behalf of himself, his heirs, successors, representatives, agents, employees, attorneys and assigns, hereby irrevocably and unconditionally releases, acquits, and forever discharges CSI, Religious Technology Center (“RTC”), all other Scientology Churches, Missions and Scientology affiliated organizations, their respective trustees, directors, officers, employees, and agents, individually and in any and all capacities, the successors and assigns of L. Ron Hubbard, and each of them, and their respective successors, representatives, agents, attorneys, assigns, subsidiaries, officers, directors, divisions, trustees, and employees (collectively "Releasees"), individually and in any and all capacities, from any and all claims, damages, causes of action of every kind, whether known or unknown, which Employee, or any of those named above claiming under him now have or may hereafter have against Releasees, and each of them, from the beginning of time, to and including the effective date of this Agreement.
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B. The term "any and all claims" as used above, means and includes, but is not limited to, all claims of any kind, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, past or present, contingent or fixed, including, without limitation, claims under: (1) Title VII of the Civil Rights Act of 1964 (race, color, religion, sex, and national origin discrimination); (2) 42 U.S.C. §1981 (discrimination); (3) 29 U.S.C. §§621-634 (age discrimination); (4) 29 U.S.C. §206(d)(1) (equal pay); (5) the California Fair Employment and Housing Act (discrimination, including race, color, national origin, ancestry, physical handicap, medical condition, marital Status, sex, or age); (6) Executive Order 11246 (race, color, religion, sex, and national origin discrimination); (7) Executive Order 11141 (age discrimination); and (8) §§503 and 504 of the Rehabilitation Act of 1973 (handicap discrimination).
C. The term "any and all claims" shall be interpreted liberally and as sufficiently comprehensive so that this Agreement precludes any and all disputes, litigation or controversy of any and all descriptions brought by Employee against any and all Releasees.
3. Waiver of Civil Code Section 1542.
Employee acknowledges having read Section 1542 of the California Civil Code, which provides that:
"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 THIS RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Employee agrees and understands that by signing this Agreement, he/she is releasing all claims, whether known, unknown, foreseen, or unforeseen, obvious or hidden which he/she may have against any of the Releasees. Employee understands the above-referenced code section and its significance and consequence, and expressly waives and relinquishes all rights and benefits he/she may have there under, as well as under any other Statute or common law principles of similar effect.
4. Consideration.
A. In exchange for the General Release as set forth in Paragraph 2 above, Employee acknowledges the receipt from CSI of goods, valuable, and adequate consideration including, but not limited to, $500.00 from CSI at the date of Employees termination.
B. In exchange for Employees other promises, covenants, warranties and obligations set forth in this Agreement, Employee acknowledges the receipt from CSI of good, valuable, and adequate consideration including, but not limited to, CSI“s commitment to assist Employee in the future should others attempt to persuade, assist, or induce him/her to breach this agreement, which commitment CSI hereby acknowledges.
5. Representations and Warranties.
_______________________ represents, warrants, and states that:
A. Employee has read this Agreement in its entirety and understands its contents.
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B. Employee has executed this Agreement willingly, voluntarily, and without coercion or duress of any kind, and with the intent that all obligations undertaken and all representations made herein will remain in full force and effect and binding irrespective of his/her status as a Scientologist in good Standing.
C. Employee“s intent and purpose in executing this Agreement is to completely and forever disengage from any and all controversies, disputes, and proceedings of any nature with CSI, RTC and all other entities affiliated with the Scientology religion, and all individuals associated in any capacity with all such entities. Employee further represents, warrants, and States that this Agreement and each of its terms is to be construed liberally to effect that intention and purpose.
D. Employee has returned to CSI any and all confidential materials relating to the Scientology religion in their possession, custody or control. Employee further represents, warrants, and states that they recognize that they have a continuing and perpetual duty to surrender to CSI any and all such confidential materials which in the future come into his/her possession, custody, or control.
E. Employee acknowledges that while on staff and a Scientologist, he/she has experienced spiritual gain and benefit from both the auditing (Scientology religious counseling) and religious training he/she has done and Employee is fully satisfied with the results. Employee acknowledges having an objective and subjective certainty that Scientology works when it is standardly applied. Employee further knows and acknowledges that he/she is responsible for his/her situation and conditions in life and that it has been his/her own alteration of Scientology scriptures that led to being removed from staff. Employee does not blame either the Church or the Scientology religion, or any staff members or parishioners thereof, for any of his/her problems or actions. The transgressions he/she committed were done of his/her own volition and for his/her own purposes.
F. Employee acknowledges and reaffirms any and all agreements previously made with CSI and any and all confidentiality agreements made with any other entity affiliated with the Scientology religion and specifically acknowledges and reaffirms his/her continuing obligations thereunder. Attached hereto as Exhibit A (on the last page of this document) is a list of such obligations, which Employee acknowledges and agrees are by way of example, but not limitation.
G. In executing this Agreement, Employee is waiving what otherwise might be construed as rights under the California and United States Constitutions, specifically the First Amendment right to free speech and its California equivalent. Employee specifically acknowledges doing so knowingly and voluntarily with respect to all covenants, duties, and obligations made and acknowledged in this Agreement.
H. Employee acknowledges that as part of his/her participation in Scientology religious services, CSI and other Scientology churches that he/she has been affiliated with, compiled folders containing its notations of his/her spiritual progress, known as a “Preclear Folder” or “PC Folder,” as well as other ecclesiastical files containing notations regarding his/her spiritual progress. Employee further acknowledges and confirms that his/her PC Folders and other ecclesiastical files containing notations regarding his/her spiritual progress, as well as all contents thereof, are the sole and exclusive property of CSI and will be held by CSI or other Scientology churches in accordance with ecclesiastical doctrine and policy and that it is a matter of religious belief and of ecclesiastical doctrine and law, that such folders and files, and the contents of such folders and
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files, are kept confidential from all persons who lack the ecclesiastical authority to gain access to such materials, and are subject to all applicable clergy-penitent privileges, and are neither comprehensible nor meant to be understood by anyone whose training and expertise in their interpretation is not recognized and sanctioned by CSI.
I. Employee hereby forever abandons, surrenders, waives, and relinquishes without limitation any and all rights of ownership, possession, custody, control, access, copying, and viewing of Employee“s PC Folders and all other ecclesiastical files containing any notations regarding Employee“s spiritual progress, both with respect to the folders and files themselves and the information contained in them.
J. Employee confirms that the abandonment, surrender, waiver, and relinquishment referred to in the immediately preceding paragraph is unconditional and irrevocable and applies equally to anyone acting or purporting to be acting on Employee“s behalf or for his/her benefit, whether he/she is alive or dead, whether disabled or incapacitated, and under any and all circumstances foreseen or unforeseen, in perpetuity, without exception or limitation.
K. EMPLOYEE ACKNOWLEDGES THAT IF HE/SHE OR ANYONE ACTING OR PURPORTING TO BE ACTING ON HIS/HER BEHALF OR FOR HIS/HER BENEFIT EVER SEEK ACCESS TO ANY OF HIS/HER PC FOLDERS OR ANY OTHER ECCLESIASTICAL FILE CONTAINING ANY NOTATIONS REGARDING HIS/HER SPIRITUAL PROGRESS, EMPLOYEE INTENDS FOR THE SUBMISSION OF THIS AGREEMENT TO THE PRESIDING JUDICIAL OFFICER TO BE A COMPLETE AND SUFFICIENT BASIS FOR THE IMMEDIATE DENIAL OF WHATEVER ACCESS IS BEING SOUGHT WITH PREJUDICE TO ANY OTHER OR FURTHER EFFORT TO BREACH THE ABSOLUTE CONFIDENTIALITY OF THOSE MATERIALS OR THE EXCLUSIVE RIGHT OF CSI OR OTHER SCIENTOLOGY CHURCHES IN ACCORDANCE WITH ECCLESIASTICAL DOCTRINE AND POLICY TO PRESERVE THEIR ABSOLUTE CONFIDENTIALITY. _______[Initials]
L. EMPLOYEE FURTHER ACKNOWLEDGES AND CONFIRMS THAT SHOULD HE/SHE OR ANYONE ACTING OR PURPORTING TO BE ACTING ON HIS/HER BEHALF EVER SUE, OR OTHERWISE SEEK LEGAL RECOURSE WITH RESPECT TO ANY DISPUTE, CLAIM OR CONTROVERSY AGAINST CSI, RTC OR ANY OTHER SCIENTOLOGY CHURCH, ANY OTHER ORGANIZATION WHICH ESPOUSES, PRESENTS, PROPAGATES OR PRACTICES THE SCIENTOLOGY RELIGION, OR ANY PERSON EMPLOYED BY ANY SUCH ENTITY, REGARDLESS OF THE NATURE OF THE DISPUTE, CLAIM OR CONTROVERSY, HE/SHE INTENDS FOR THE SUBMISSION OF THIS AGREEMENT TO THE PRESIDING JUDICIAL OFFICER TO BE A COMPLETE AND SUFFICIENT BASIS FOR THE IMMEDIATE DISMISSAL OF ANY AND ALL SUCH PROCEEDINGS WITH PREJUDICE TO FURTHER PROCEEDINGS OF ANY KIND. _______[Initials]
6. Covenants.
____________________ covenants, agrees, and promises that he/she:
A. Will never disclose any non-public information, data, or knowledge Employee has learned or will learn about the organization of CSI, RTC or any other entity affiliated with the Scientology religion, or any persons associated with any such entity, including, but not limited to, information or data related to their internal Structures, security systems, finances, functions, confidential locations or
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activities, memos, correspondence, electronic information and information related to their schedules, duties and activities. Employee acknowledges that disclosure of such information could cause irreparable injury to the Releasees and that the obligations set forth in this subparagraph will remain in force in perpetuity.
B. Will never disclose any information, data, or knowledge Employee has learned or will learn about or relating to any of the Releasees, their staff or former staff, officers or former officers, directors or former directors, trustees or former trustees, family members, parishioners or former parishioners, or L. Ron Hubbard that has not been authorized for release to the general public. Such matters include, by way of example and not limitation, information, data, or knowledge relating to security matters, financial information, private information concerning any of the Releasees or their staff or their families, including their schedules and activities, priest-penitent privileged communications, attorney-client privileged information, plans, programs, Strategies, projects, or any other information about any of the Releasees or the Scientology religion, which are not specifically authorized to be disclosed by Employee. Employee acknowledges that disclosure of such information could cause irreparable injury to the Releasees and that the obligations set forth in this subparagraph will remain in force in perpetuity.
C. Will never sell, copy, quote from, publish, electronically post, distribute, disseminate, duplicate, paraphrase, or reveal the contents of any of those Scientology materials known as the "Advanced Technology" or "Upper Level Materials." Employee acknowledges that the Upper Level Materials are confidential and that meticulous efforts are made to maintain that confidentiality. Employee further represents that he/she does not have in his/her possession, custody, or control any such materials or copies thereof. Employee acknowledges that disclosure of such information could cause irreparable injury to the Releasees and that the obligations set forth in this subparagraph will remain in force in perpetuity.
D. Will never voluntarily assist any person, group or organization in any effort to harass or injure any of the Releasees, their staff, their families, public or parishioners, and will not voluntarily assist in any manner any person or entity involved in or contemplating investigation, litigation, or arbitration against any of the Releasees, whether as a plaintiff or as a defendant, unless compelled to do so by proper, non-collusive service of a subpoena or other lawful process upon Employee. Employee acknowledges that the obligations set forth in this subparagraph will remain in force in perpetuity.
E. Agrees never to create or electronically post or publish or attempt to publish, and/or assist another to create for publication or posting by means of newspaper story, magazine, article, book or other similar form, any writing, or to broadcast, or to assist another to create, write, film or video tape or audio tape, electronic posting, any news program, show, program or movie, concerning his/her experiences with, knowledge of, or information concerning, the Scientology religion, or any of the Releasees, or any of their respective staff, former staff, family members, parishioners, or former parishioners or his/her spiritual or physical or mental condition. Employee acknowledges that the obligations set forth in this subparagraph will remain in force in perpetuity.
F. Will never aid or assist in any manner any person or organization hostile to or engaged in attacks against the Scientology religion, any of its parishioners, or any of the Releasees. Employee acknowledges that the obligations set forth in this subparagraph will remain in force in perpetuity.
G. Will never testify or otherwise participate in any other judicial, administrative or legislative proceeding adverse to the Scientology religion, any of its parishioners, or any of the Releasees, unless compelled to do so by proper,
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non-collusive service of a subpoena or other lawful process. To enable CSI to assist Employee should they be served with such a subpoena or other process by a third party seeking testimony and/or the production of documents concerning any of the Releasees, Employee shall notify CSI through its corporate secretary or any of its officers within two (2) days of receipt of such service, and shall furnish him or her with a copy of any such subpoena or process. Employee acknowledges that the foregoing notice provision exists to help him/her to cooperate with CSI with respect to such subpoena and process. Employee acknowledges that the obligations set forth in this subparagraph will remain in force in perpetuity.
H. Agrees never to utter, write, print, post, disseminate, circulate, quote or published any kind of statement in any form, which are defamatory or disparaging, against any of the Releasees, either directly or indirectly. Employee acknowledges that the obligations set forth in this subparagraph will remain in force in perpetuity.
7. Remedies for Breach.
A. Employee agrees to resolve any dispute with any of the Releasees through binding Scientology ecclesiastical arbitration under the authority of the International Justice Chief. Employee agrees that prior to filing any request for arbitration, he/she will endeavor to meet in person with a representative of CSI and exhaust all reasonable potential compromises and resolutions of such dispute.
B. Should Employee breach or threaten to breach this Agreement, he/she agrees that CSI or any other of the Releasees shall have the right to seek an ex parte issuance of a temporary restraining order, and to obtain a preliminary and permanent injunction against Employee, without bond, in any court of competent jurisdiction, to prohibit Employee from breaching this Agreement and to compel compliance with the terms of this Agreement. If CSI or any of the other Releasees have to take such legal action because Employee threatens or attempts to or violates the terms of this Agreement, then he/she will be responsible for all costs, attorneys' fees and damages arising from such action.
C. Should Employee breach this Agreement, he/she agrees to pay to CHURCH OF SCIENTOLOGY INTERNATIONAL TWENTY THOUSAND DOLLARS ($20,000.00) FOR EACH AND EVERY BREACH. Employee agrees that this sum has been chosen because actual damages would be impractical or extremely difficult to set. Employee understands that this amount is not a penalty, but an agreed upon sum for each breach of this Agreement. _______[Initials]
D. No delay or omission of CSI or any other Releasee, in exercising any right or remedy accruing upon any default or breach of this Agreement shall be construed as a waiver of any such default or breach or any acquiescence therein. Every right and remedy conferred hereunder upon CSI, or any other Releasee may be enforced and exercised as often as permitted by law.
8. Severability.
If any provision of this Agreement shall be declared to be void, invalid or otherwise unenforceable in whole or in part by a court of competent jurisdiction, all remaining provisions shall be unaffected and shall remain in full force and effect.
9. Amendment.
This Agreement may only be amended by written agreement signed by Employee and CSI.
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10. Applicable Law.
This Agreement shall be construed, interpreted, governed, and enforced in accordance with the laws of the State of California without reference to conflicts of law.
11. Inconsistent Acts.
Employee further agrees to forbear and refrain from doing any act or exercising any right, whether existing now or in the future, which act or exercise is inconsistent with this Agreement.
12. Headings.
The paragraph headings contained in this Agreement are for convenience of reference only and shall not affect the construction of any provision of this Agreement.
13. Counterparts.
This Agreement may be executed in two or more counterparts, each of which will be deemed an original but all of which together shall constitute one and the same instrument.
14. Non-Parties to this Agreement.
To the extent that this agreement inures to the benefit of persons or entities not signatories hereto, this Agreement is hereby declared to be made for their respective benefits and uses.
Additional Acts.
Employee and CSI will perform all further acts that may be reasonably necessary and useful to effectuate the purposes and provisions of this Agreement.
16. No Assignment of Claims.
Both Employee and CSI acknowledge and warrant that they have not assigned or otherwise transferred to any third party an interest in any claim it may have against any signatory to this Agreement or Releasee, and Employee acknowledges and agrees to indemnify and hold CSI and the Releasees harmless from any liability resulting from having assigned or transferred such interest to a third party.
17. No Admissions.
This Agreement is the document by which all rights, duties, and obligations of Employee and CSI are memorialized at the conclusion of OLDFIELD“s employment by CSI. It shall not in any way be construed as an admission by CSI that it acted wrongfully with respect to Employee or any other person, or that Employee has any rights whatsoever against CSI. CSI specifically disclaims and Employee specifically acknowledges that CSI has no liability to or for any wrongful acts against Employee or any other person, on the part of itself, its agents, or anyone else acting on its behalf.
18. No Other Claims.
Employee covenants and represents that he/she has not filed any complaints or charges or lawsuits against CSI or any Releasee with any governmental agency or any court, and that Employee will not do so at any time hereafter.
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19. No Obligation.
Employee agrees and acknowledges that the consideration identified in paragraph 4 of this Agreement is not required to be given to Employee by any policy or procedure of CSI.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above.
CHURCH OF SCIENTOLOGY INTERNATIONAL:
By: _____________________________________
________________________________________
Employee
EXHIBIT A TO
AGREEMENT AND GENERAL RELEASE
CONFIDENTIAL INFORMATION is defined as information which has not been authorized to be published or revealed either to general Church of Scientology public or Staff or in general. This includes but is not limited to the following:
A. Church issues with limited distributions, or information concerning them;
B. Information relating to security of information or confidential Church premises and locations;
C. Personal information regarding CSI, RTC or their staff or executives or their families, or any former staff or executives or any staff member of any Church of Scientology and their schedules and activities and private counseling, including auditing or use of the Scientology ethics technology, that has not been authorized by the individual himself or himself to be published;
D. Expansion plans or programs of CSI, RTC or any Church of Scientology that have not yet been released to general Church of Scientology Staff or public;
E. Any information which is considered by CSI or RTC to be trade secret, including but not limited to any and all Advanced Courses materials;
F. Any information which relates to subjects concerning proprietary rights of CSI, RTC or any other Church of Scientology, such as any copyrights, trademarks and trade secrets;
G. Any information which relates to computer programming, design and user support for CSI, RTC or any other Church of Scientology;
H. Any other information obtained through activities on behalf of CSI, RTC or any other Church of Scientology, which relate to the operations or activities of CSI, RTC or any Church of Scientology, whether or not formally designated as "Confidential" which may not be generally known by or available to, the public or which, if disclosed, would tend to injure or otherwise adversely affect CSI, RTC or any other Church of Scientology or any of their respective activities, functions, plans, programs or personnel. To the extent there is any question about the confidential Status of any such matter, it is incumbent upon the party to this Agreement to verify this with a qualified CSI Staff member before making any use or disclosure of it in any fashion.