Following is letter received regarding repayment of moneys unused on account,Plus a Release Form.
Note that the Release form isn't even for our refund request, this big of a form just to get back money that is unused!
Needless to say we did not sign this.
Greg Barnes
P.s Does anybody know how to post pdf acrobat reader files? I
could post the scanned in version that way.
June 8, 2000
Greg and Debra Barnes
1282 Jasmine Way
Clearwater, Florida 33756
Dear Mr. and Mrs. Barnes,
You are correct -the May 3, 1999 item on page 14 of your
account statement represents a subtraction of$1,452.50.
However, this amount was already returned to your accoun t balance as detailed below, and is included in the repayment sum contained in my June 1, 2000 letter.
Before this subtraction, your statement balance was $16,000.00.
(see note #Ion the attached copy of your statement).
After the subtraction (see note #2) the balance was $14,547.50.
This debit was later corrected and added back to the balance.
Beside the $1,452.50 amount, you will see the hand-written notation, "minused." (see note #3) "Minused" means that the debit was "reversed," i.e., the amount was added back on to the account total. At the bottom of the page you will see the balance has been restored to $16,000.00.
(see note #4) Thus, the $16,000.00 repayment amount includes the $1,452.50.
Per my June 1 letter, the $16,000.00 is part of a total repayment amount of $31,202.00.
The release is enclosed. Please let me know when you want to exchange the check and the executed release.
Sincerely,
Glen Stilo
MUTUAL RELEASE OF ALL CLAIMS AND SETTLEM
1. This MUTUAL RELEASE OF ALL CLAIMS AND SETTLEMENT AGREEMENT
(hereinafter "Agreement") is made and entered into byand
between Greg and Debra Barnes (hereinafter "Mr. and Mrs.
Barnes") and the CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION (hereinafter "the Church").
2. For and in consideration of the mutual covenants, conditions and release contained herein, including, but not limited to, the agreement between the Church and Mr. and Mrs.
Barnes to withdraw any claim for all their donations made to the Church, Mr. and Mrs. Barnes do hereby release, acquit and forever discharge for themselves, their heirs, successors, executors, administrators and assigns: the Church; Church of Scientology Religious . Trust; the Church of Scientology Flag Ship Service Organization; Church of Scientology Flag Ship Trust; Religious Technology Center; Church of Scientology International; Church of Spiritual Technology; Scientology Missions International; International Hubbard Ecclesiastic League of Pastors; Association for Better Living and Education;
L. Ron Hubbard; Mary Sue Hubbard; all other Scientology organizations or affiliated entities; and, for all entities, individuals and organizations listed above, their officers, agents, representatives, employees, trustees, directors, successors, predecessors, assigns, beneficiaries, heirs, personal representatives, licensors and legal counsel whether acting in their corporate or individual or any other capacity (hereinafter collectively referred to as the "Releasees") from any and all claims, causes of action, demands, suits, debts, sums of money, contracts, controversies, damages and actions of every kind and nature, known or unknown, in law or in equity , for or because of any act or omission allegedly done by any or all of the Releasees from the beginning of time to and including the date of this agreement. It is intended that all such Releasees are released from liability for all acts, regardless of the capacity in which they were performed.
3. For and in consideration of the mutual covenants, conditions and release contained herein, the Church does hereby release, acquit, and forever discharge for themselves, their successors and assigns, Mr. and Mrs. Barnes, their representatives, heirs, personal representatives, successors, assigns, legal counsel and each of them, of and from any and all claims, causes of action, demands, suits, debts, sums of money, contracts, controversies, damages and actions of every kind and nature, known or unknown, in law or in equity , for or because of any act or omission allegedly done by Mr. and Mrs.
Barnes from the beginning of time to and including the date hereof.
4. It is understood that said mutual release is not an admission of liability on the part of any party to this Agreement.
5. Further, the undersigned hereby agree that liability for any claims is expressly denied by each party herein released, and this Agreement shall never be treated as an admission of liability or responsibility at any time for any purpose.
6. Mr. and Mrs. Barnes hereby acknowledge and affirm that they have been fully advised and understand that any alleged injuries or alleged money claims sustained by them are of such character that the full extent and type of injuries or money claims may not be known at the date hereof, and it is further understood that said alleged injuries, whether known or unknown at the date hereof, might possibly become progressively worse and that, as a result, damages may be sustained by Mr. and Mrs.
Barnes; nevertheless, Mr. and Mrs. Barnes desire by this document to forever and fully release the Releasees. Mr . and Mrs. Barnes understand that by the execution of this release no claims arising out of their experience with, or actions by, the Releasees, from the beginning of time to and including the date hereof, which may now exist or which may exist in the future, may ever be asserted by them or on their behalf, against the Releasees, either separately or as a group.
7. Mr. and Mrs. Barnes agree never to create or publish or post or attempt to post, attempt to publish and/ or assist another to create for publication or posting by means of magazine, article, book, electronic communication, notice or message or other similar form, any writing, or to broadcast, or to assist another to create, write, post, film or video tape or audio tape, any show, program or movie, concerning their experiences with or knowledge or information acquired personally or indirectly concerning the Releasees. Mr. and Mrs.
Barnes further agree that they will maintain strict confidentiality and silence with respect to their experiences with the Releasees and any knowledge or information they may have concerning the Releasees. Mr. and Mrs. Barnes expressly understand that the non-disclosure provisions of this subparagraph shall apply but not be limited to the contents or substance of any documents they may have possessed while participating in services or being otherwise involved with Releasees, including, but not limited to, any tapes, films, photographs, or variations thereof which concern or relate to the religion of Scientology, L. Ron Hubbard, or any of the organizations, individuals, or entities listed in paragraph 2 above.
8. Mr. and Mrs. Barnes agree to turn over to the Church at the time of the consummation of this Agreement, all materials in their possession, custody or control of any nature, including E-meters, documents, papers, memorandums, tapes, films, photographs, or any variations thereof which concern or relate to the religion of Scientology or any of the persons or entities listed in paragraph 2 above.
9. Mr. and Mrs. Barnes agree that they will not voluntarily assist, advise or cooperate with anyone, including individual partnerships, associations or corporations, adverse to the religion of Scientology in any proceeding against any of the Releasees, or voluntarily cooperate with any person adverse to any of the organizations, individuals or entities listed in paragraph 2 above in any proceeding against any of the organizations, individuals, or entities listed in paragraph 2 above. This includes, but is not limited to, anyone contemplating any claim or engaged in litigation or involved in or contemplating any activity adverse to the interest of any entity or class or persons listed above in paragraph 2. Mr. and Mrs. Barnes also agree that they will not cooperate in any manner with any organizations aligned against Scientology or any of the organizationsJ individuals, or entities listed in paragraph 2 above. Organizations aligned against Scientology include, but are not limited to, Citizens Freedom Foundation (CFF), American Family Foundation (AFF), FACTNET, Inc. and Lisa McPherson Trust, Inc.
10. Mr. and Mrs. Barnes further agree that they will not use any part of any money received pursuant to this Agreement to fund, directly or indirectly, attacks on Scientology or any of the organizations or entities listed in paragraph 2 above and referred to herein as Releasees.
11. Mr. and Mrs. Barnes agree not to testify or otherwise participate in any judicial, administrative or legislative proceeding adverse to Scientology or any of the organizations, individuals or entities listed in paragraph 2 above unless compelled to do so by lawful process. Unless required to do so by such lawful process, Mr. and Mrs. Barnes agree not to discuss their experiences or personal or indirectly acquired knowledge or information concerning the organizations, individuals, or entities listed in paragraph 2, with anyone other than members of their immediate family. Further, if compelled to testify by lawful process, Mr. and Mrs. Barnes will give the Church notice of said process within 3 days of its receipt. As provided hereinafter in paragraph 18, the contents of this Agreement may not be disclosed.
12. Mr. and Mrs. Barnes agree that, if they breach any of the terms of this Agreement, the Church does not have an adequate remedy at law and that the Church will suffer irreparable injury unless Mr. and Mrs. Barnes are enjoined from further breaching the terms of this agreement.
13. The parties to this Agreement acknowledge that all parties enter into this Agreement freely, voluntarily, knowingly and willingly, without any threats, intimidation or pressure of any kind whatsoever and voluntarily execute this Agreement of their own free will. The signatories to this Agreement hereby acknowledge and affirm that they are not under the influence of any drug, narcotic, alcohol or other mind-influencing substance, condition or ailment such that their ability to fully understand the meaning of this Agreement and the significance thereof is unimpaired and intact.
14. In the event any provision hereof is unenforceable, such provision shall not affect the enforceability of any other provision hereof.
15. The parties to this Agreement acknowledge that all parties have conducted sufficient deliberation and investigation, either personally or through other sources of their own choosing, and have had the opportunity to seek advice of counsel regarding the terms and conditions set forth herein, so that they may intelligently exercise their own judgment in deciding whether or not to execute this Agreement.
16. The parties hereto acknowledge that they have not made any statement, representation or promise to the other party regarding any fact material to this Agreement except as expressly set forth herein. Furthermore, except as expressly stated in this agreement, the parties, in executing this Agreement, do not rely upon any statement, representation or promise by the other party or of any officer, agent, employee, representative or attorney for the other party .
17. Each party warrants that the persons signing this Agreement have the full right and authority to enter into this Agreement on behalf of the party for whom they are signing.
18. The parties and signatories hereto agree not to disclose the contents of this Agreement. The parties and signatories hereto agree that in the event that any comment is made concerning the terms of settlement, that comment shall be only that the parties have amicably settled their differences.
Neither the parties nor signatories hereto shall, in any event, disclose anything else relating to the substance of the Mutual Release or Settlement Agreement.
19. This Agreement contains the entire agreement between parties hereto, and the terms of this Agreement are contractual and not mere recital. This Agreement may be amended only by a written instrument executed by the undersigned. The parties hereto have carefully read and understand the contents of this Agreement and sign the same of their own free will, and it is the intention the parties to be legally bound hereby. No other prior or contemporaneous agreements, oral or written, respecting such matters, which are not specifically incorporated herein shall be deemed to in any way exist or bind any of the parties hereto.
20. This Agreement shall not be construed against the party preparing it, but shall be construed as if both parties prepared this Agreement. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida.
21. All references to the plural shall include the singular and all references to the singular shall include the plural.
All references to gender shall include both the masculine and feminine.
22. The parties further agree to forebear and refrain from
doing any act or exercising any right, whether existing now or
the future, which act or exercise is inconsistent with this
Agreement. IN WITNESS WHEREOF, the parties hereto have entered
into and executed this Agreement, on the date opposite their
names.
__________________ ___________________ ________________
Witness Mr. Greg Barnes Date
__________________ ____________________ ________________
Witness Mrs. Debra Barnes Date
__________________ ____________________ ________________
Witness Mr. Glen Stilo Date
Church[sic] of Scientology
Flag Service Organization