Summary
This is but another
shame contract from the cult scientology. The comments in yellow are added by the webmaster. The red passages are
not in red color in the original.
This contract must
have been established by managers and attorneys of the scientology cult who probably believed they had any right
to violate any laws from any country and establish their own rules instead. Typically cultic "sectarian", as they say here.
LICENSE AGREEMENT - SMI/MISSION
(Marks)
THIS AGREEMENT is made this ____day of
, 1991__ / by and between:
SCIENTOLOGY MISSIONS INTERNATIONAL,
a California nonprofit
religious corporation (hereinafter referred fo as "SMI"); and
(hereinafter referred to as "MISSION".)
RECITALS
Religious Technology Center, a (California
nonprofit religious corporation (hereinafter referred to as "RTC"), is the protector of the religion
of Scientology and maintains the purity and ethical use of the philosophy and technology of the religion, including
the services and the products associated with the religion. RTC owns the service marks and trademarks associated
with those services and products, with all of the rights and responsibilities thai are incident to and required
by ownership in order to maintain their validity, to protect the exclusivity of their use by affiliated and faithful
organizations of the religion of Scientology, and to insure that the nature and quality of all services and products
that are associated with the
service marks and trademarks are in accordance with
the writings and recorded spoken words of L. Ron Hubbard, the Founder of the religion (hereinafter "LRH").
The writings and recorded spoken words of LRH with respect to Scientology and the organizations formed for the
purposes thereof hereinafter are referred to as "the Scientology Scriptures".
Church of Scientology International,
a California nonprofit religious corporation (hereinafter referred to as "CSI") is the Mother Church
and the highest ecclesiastical authority of the religion of Scientology, and has been and is committed and dedicated
to the advancement and dissemination of the religion of Scientology in accordance with the Scientology Scriptures,
through the affiliated organizations of the religion of Scientology, including the Missions that are under its
ecclesiastical control and supervision.
RTC is the owner by assignment from LRH
of certain service marks LRH and pertaining to the religion of and trademarks formerly owned by LRH and pertaining
to the religion of Scientology, Dianetics spiritual healing technology, SCIENTOLOGY applied religious philosophy,
and organizations and operations related thereto, including the name, initials and parts of the name of LRH, and
the marks identified as Exhibit A (hereinafter referred to as "the Marks"), and of the goodwill associated
with the Marks. RTC is the owner of Registrations of certain of the Marks in many countries of this planet, and
of pending applications for registrations, and of the goodwill associated with the Marks shown in those registrations
and applications for registrations and may file applications for registration of other marks pertaining to the
religion of Scientology, DIANETICS spiritual healing technology and SCIENTOLOGY applied religious philosophy, which
applications and all registrations that issue thereon also will be included in the Marks.
RTC and CSI have entered into a formal
agreement granting CSI and the Missions of the religion of Scientology under the ecclesiastical supervision and
control of CSI the right to use the Marks in connection with services.
SMI is the Mother Church and managing
organization for the Missions, under the auspices and authority of CSI, and MISSION wishes to use the Marks, as
a related organization of SMI under SMI's supervision and control.
NOW, THEREFORE, in consideration of the
following grant and mutual promises, and other good and valuable consideration, the parties agree as follows:
1. Grant
a. SMI, with the approval of RTC and
CSI, grants to MISSION the right and license to use each and all of the Marks in connection with services pertaining
to the religion of Scientology rendered by MISSION.
b. This
grant extends to all activities of MISSION with respect to the religion of Scientology that are under the ecclesiastical
supervision and control of CSI, and the managing authority
of SMI, so long as MISSION expressly agrees and covenants to respect and abide by the terms and conditions of this
grant, including recognition and acceptance of RTC as the owner and protector of the Marks, with the rights and
responsibilities that accompany ownership.
c. This grant does not include
the right to authorize or to license the use of the Marks by other entities of any kind, and the granting of further
licenses is expressly prohibited.
d. This grant is limited to use of the
Marks in connection with services. The right to sell products embodying or bearing the Marks, except products embodying
or bearing the Marks obtained by or through the successors of LRH or another source authorized by the successors
of LRH or RTC, is expressly excluded from this grant.
2. Consideration
a. As consideration for the grant herein
made, MISSION promises to pay a weekly tithe equal to 10% of its corrected gross income to any organization designated
by SMI; provided, that such organization shall be an organization described in Section 501 (c)(3) of the US Internal
Revenue Code of 1954 and shall be organized exclusively for the purpose of the Scientology religion.
[note from the copyer: this can’t be true in any foreign country,
where the laws are more or less different – even sometimes opposed – to US ones]
\
b. As additional consideration, for the
grant herein, MISSION acknowledges, as a condition of this license, MISSION'S prior and continuing commitment to
the full and faithful performance of the promises made herein, particularly including the promise to actively use
the Marks in advancing and disseminating the religion of Scientology in accordance with the Scientology Scriptures,
and to promote and protect the religion of Scientology and the image of LRH, as the Founder, under and in connection
with the Marks.
3. Control and supervision
a. The governing standards for the nature
and quality of all services rendered under and in association with the Marks shall be the Scientology Scriptures,
as disseminated by CSI with the approval of RTC.
b. SMI shall have the right to disseminate
standards, specifications and
guidelines for the proper use and display
of the Marks , and MISSION shall ensure that all of its staff, members, employees, parishioners and congregants,
shall follow and abide by all such standards, specifications and guidelines. All standards, specifications and
guidelines presently in use by the Missions shall remain in effect until changes are disseminated by SMI.
[note : this sounds clearly impossible and illegal : no contract can force a group or watever to force other adult people to follow certain unrecognized laws]
c. MISSION shall not engage in any activity
that is in conflict with or hostile to the Scientology Scriptures,~or hostile to or derogatory to the Image of
LRH, and shall not use any of the Marks on or in connection with any matter that is not part of, or related to,
the religion of Scientology, or the approved services of SCIENTOLOGY applied religious philophy"and DIANETlCS_.spiritual
healing technology.
d. CSI, RTCand SMI shall have the
right to monitor all operations of -MISSlON-, with respect to the Marks, inspect all books, records and facilities
pertaining to use of the Marks and receive sample specimens and summaries of literature/publications and products
using the Marks, in reasonable numbers and with reasonable frequency, to insure compliance with all standards,
specifications and guidelines.
[note: This is also illegal and
impossible to follow: the wording is so vague that the cult RTC can dask whatever it wants “reasonable frequency”
being undefined]
e. CSI, RTC, or SMI may, if they ever
deem it necessary or advisable, send a corrective mission to MISSION to correct any deviation from the standards,
specifications or guidelines of this Agreement, and MISSION shall reimburse the sender for its costs of the corrective
mission, including travel and living costs of personnel and the time of such personnel, at rates not to exceed
the then prevailing rates charged by CSI for corrective missions.
[note: this is also undefined.
When the Lyon Org scientology association were forced to sign a similarly worded document in 1981, the price per
day of such a “RTC-CSI Missionaire” was 1000 dollars a day/missionaire sent, plus costs – but those missionaires
were getting an average pay of 3 or 4 dollars a day]
4. Minimum standards
In addition to the standards that have
been stated, the minimum requirements for qualification to use!the Marks shall include:
a. Establishment of a religious body
and entity for the advancement and dissemination of the religion of Scientology, pursuant to the Scientology Scriptures;
b. Maintenance of sufficient trained
staff to effectively minister to all parishioners and congregants;
[note: undefined notion. What is
“sufficiently trained? How much could it be invoiced by RTC?]
c. Proper and effective display of the
Marks and the religious symbols of the religion of Scientology, to enhance and preserve the image of Scientology
as a religion;
[note:Undefined notion. What is
a proper and effective display? interestingly enough, the CSI and its various satellites don’t display those religious
marks in a lot of countries or locations. Exemple: Dianetics technological institute” -- Costa Rica]
d. Offering of religious services,
hearing of confessionals for executives, staff and parishioners, and publication and distribution of religious
literature and other sectarian
aids to propagate and disseminate the religion
of Scientology;
[note : therefore, scientology
is a sect-cult by its own definition. Besides, in 1982, the people wanting to open a “Mission” had to buy no less
than 25000 dollars of
such “sectarian aids”
to be allowed to start a commercial franchise - profit center of the cult. Those aids were lots of books, course
packs, tapes, devices, e-meters etc. Besides, the holders of the group had to be trained etc., for tens of thousands
dollars too]
BACK
ABOVE
e. Subject to local laws, satisfaction
of all requirements for tax exempt status as a religious charitable organization; and
[note: this condition has not been
reached in most countries where scientology is installed]
f. Maintenance of financial responsibility
and solvency at all times. [note: Scientology
masters defining themselves how and when they’ll take the monies of a scientology group, defining how much they
will ask, when they’ll send their missionaires or not, it is probable that no mission could ever reach a real solvency
– no debts to the scientology managers.]
5. Enforcement
RTC, CSI and SMI are responsible for
the enforcement of the rights under the Marks against any unauthorized or improper use. MISSION shall report to
SMI all unauthorized or improper use that comes to their attention, and shall render all correcting or terminating
such use, assistance that may be
required in but shall not initiate any legal action without the express written permission of SMI.
[this demonstrates if needed that
nothing in scientology is independant of the RTC: here, its licencee "SMI" deprives the managers of a
group of their right to sue, try or test any matter without RTC's-SMI's consent.]
6. INDEMNITY AND DISCLAIMER
a. MISSION acknowledges its full responsibility,
for the ethical and proper use of the Marks and the philosophy and technology of the religion of Scientology according
to the Scientology Scriptures, and covenants that neither it nor any of its staff, members, employees, parishioners
or congregants, will make any claim against RTC, CS1, any successors of LRH, SMI, or any person associated with
RTC, CSI or any successors of LRH, or SMI. MISSION shall indemnify and hold harmless RTC, the successors of LRH,
CSI, SMI and all of their agents, employees, representatives, heirs, successors and assigns, from and against all
liabilities, claims and actions of any kind, and costs, including attorneys' fees, which arise from or relate to
the use of the Marks by MISSION, or arise from or relate to any of the services or products associated with the
Marks by MISSION.
[note: one more illegal and unapplicable
article of contract. Nobody can sign instead of somebody else, and take furture engagements in its place. Attorneys
of the cult who have established this contract are ridicule ignorant people]
The Scientology Scriptures contain a
record of research and observation of LRH into the nature of the human mind and spirit and a spiritual guide intended
to assist persons to become more aware of themselves as spiritual beings, restoring respect or self and others,
and not for treating or diagnosing hurnan ailments of body or mind nor for engaging in teaching or practicing medical
arts or sciences. LRH did not, and RTC, CSI, SMI and the successors of LRH do not make any claim that the nature
or purpose of the Scientology Scriptures exceeds this description or that the Scientology Scriptures will have
any particular effect on any particular parishioner.
[note: this paragraph proves that
scientology knows its inefficiency and is a fraud; besides, since the “Scriptures” by LRH maintain many promises
of results, scientology RTC managers and their upper chief know that they are defrauding people.]
c. MISSION hereby acknowledges
and accepts the disclaimer of subparagraph 6b.
!!!
d. MISSION, and its staff, members,
employees, parishioners and congregants, shall require all individuals who receive religious training or counselling
service under the Marks to sign a disclaimer in accordance with the disclaimer in subparagraph 6b in the form attached
as Exhibit B or in such other form as RTC, CSI and SMI may provide. [note:
that is another shame contract , applied to individual clients of the cult. See some of those illegal paper to
be signed by scientology clients here: http://www2.cs.cmu.edu/%7Edst/Scientology/ReleaseForms]
7. Names and ownership
MISSION may make appropriate use of the
Marks in its name, but acknowledges and agrees that:
a. This Agreement rescinds and replaces
all previous agreements with respect to the Marks, and MISSION has no rights of any kind with respect to any of
the Marks except those rights that are granted by this Agreement;
b. The Marks shall not become part of
the assets of MISSION, and all use by MISSION of any of the Marks, in its name and otherwise, is and shall be pursuant
to this Agreement alone, and shall support the ownership of the Marks by RTC with the same effect as if RTC had
itself made that use; and i
c. If this Agreement ever is terminated
for any reason, MISSION shall immediately cease all use of each of the Marks, in its name and otherwise, and shall
forever refrain from further use of any of the Marks, unless and until formally reinstated hereunder.
8. Enforcement of obligations of performance
a. This Agreement shall be perpetual
in term, and shall be terminable by RTC, CSI and SMI only for cause, and (except as provided in subparagraph 8d)
only after arbitration as provided herein has determined that no other effective alternative is available. At its
discretion, however, RTC may immediately suspend the right of MISSION to use any of the Marks pending arbitration/
if MISSION is misusing any of the Marks in a manner that places the validity or enforceability of any of the Marks
in danger under applicable laws.
b. Any dispute which arises out of or
relates to this Agreement shall be determined by arbitration at Los Angeles, California, or such other location
upon which the parties to the dispute may agree. In the event of arbitration, the parties to the dispute shall
attempt to agree upon a single arbitrator to hear the dispute. If they are unable to do so, each party shall select
a separate arbitrator, and the two arbitrators so selected shall choose a third arbitrator. Each arbitrator shall
be a member in Good Standing of a Church or Mission of, the religion of Scientology, and shall be familiar'with
the Scientology Scriptures, and in particular, those Scientology Scriptures pertaining to the Scientology Ethics
and Justice System of the religion of Scientology. All such arbitration shall be conducted in accordance with the
Scientology Ethics and Justice System, and the decision of the arbitrator or arbitrators shall be final.
[note: therefore, it is impossible
for anyone in scientology to prove that, by instance, the RTC was wrong, and to win a “trial” if they refuse to
lose, since they are the one choosing and making and accepting the Scriptures and the “arbitrators”]
c. RTC, CSI and SMI, subject to the right
of arbitration, shall have the authority to assess and collect monetary fines from MISSION, in amounts that are
commensurate with the circumstances. RTC also
shall have the right, as a last resort after arbitration and all other measures have been unsuccessful.in obtaining
compliance with any obligation of this Agreement, to terminate the right of MISSION to use the Marks.
!!!
d. If MISSION ever falls into hostile
hands or engages in or condones propaganda against the Marks, Scientology, or the image of LRH, or the religion
or organizations of SMI, or fails to minister Scientology religious services to or hear confessionals of its executives,
staff or parishioners, or if it conducts itself in such a way as to endanger the name or repute of RTC, CSI, the
successors of LRH, or SMI, or involves RTC, CSI, the successors of LRH or SMI, or any of their agents in public
litigation, or abandons use of the Marks in the manner authorized by this Agreement, RTC may cancel the license
granted by this Agreement.
[note: which means that no critic
or discussion will ever be allowed with the defrauders from RTC]
9. Registrations and recordings
a. Upon the request of RTC, MISSION shall
execute and deliver to RTC any license agreements, registered user agreements and other documents that RTC deems
necessary or desirable for the purpose of registering or recording this Agreement or the rights of either party
under this Agreement, in any country on this planet. MISSION shall assign to RTC or cancel (at RTC's option) any
registrations or agreements of MISSION that are in conflict with RTC's ownership of any of the Marks or registrations.
[still illegal : RTC is the one deciding anything, any
part, even for the future]
10. Lack of agency
Neither party shall be deemed to be the
agent, joint venturer, or partner of the other, or of the successors of LRH or RTC, and neither shall have the
authority to act in behalf of the other or for RTC or the successors of LRH in any matter, including acceptance
of service of process.
11. Governing law
This Agreement shall be interpreted according
to the laws of the State of California, United States of America.
[Illegal and impossible to apply.
That contract was for ... Scientology Greece. One can imagine the problem when one rememebers that scientology
Greece was sentenced and closed by the greek govt]
12. ASSIGNABILITY AND BINDING
a. This Agreement is personal to
MISSION, and the rights and obligations hereunder shall not be assignable or otherwise transferable by MISSION,
in whole or in part, without the prior written approval of SMI. In the event of any attempted assignment or transfer
by MISSION of its rights under this Agreement, whether voluntary or involuntary, all rights of MISSION with respect
to the Marks shall immediately terminate.
b. This Agreement shall be binding upon
and for the benefit of the successors, assigns and legal representatives of SMI.
SCIENTOLOGY MISSIONS INTERNATIONAL
______________
Name of MISSION, signatures etc.___________