TSC PRIVACY AGREEMENT:
REPRESENTATION OF GOOD FAITH: We represent that we approach TSC and its affiliated groups, members and attendees (the beneficiaries) in a sincere desire to learn about and possibly participate in the philosophy it teaches, intending no harm, interference or disruption to the organization or the lives of anyone who adheres to its precepts. In consideration of having being permitted to attend an event sponsored by TSC, we agree as to follows.
PROTECTION OF PRIVACY: We recognize that the philosophy of the TSC is controversial, and that activities conducted in the pursuance of it are also; and that we respect the privacy of the beneficiaries, including but not limited to the following: (a) we will not divulge the identity of anyone as a member of TSC to anyone else without their permission, without the permission of TSC, except that we may discuss our experiences in a way that does not permit the beneficiaries to be identified; (b) we will not disclose the location of any place where we may have attended any activities of TSC without the consent of TSC. We are not offended by nudity or sexual interaction in our presence in private settings.
PROVISIONS AS TO POLICE OFFICERS AND OTHER INVESTIGATORS: TSC understands that police have a duty to enforce laws and investigate suspected violations of them, but that the U.S. and Tennessee Constitution limit the rights of any officers to do certain things without consent. We warrant that, if we are police officers or government investigators of any kind, we are present at any TSC event only in our private, individual capacities. We warrant that, if the foregoing statement prove to be false, we are investigating any of the beneficiaries without disclosing our official capacity or purpose, and that our presence on any TSC premises, or those of its affiliates or members, is an entry into private premises without consent, in violation of the fourth amendment of the U.S. Constitution and the privacy clause of the Tennessee Constitution, we further warrant that we are here at the direction of our employers and are acting within the scope of that employment. (a) We stipulate that an appropriate amount of liquidated damages for the illegal taking of evidence which results in legal process, civil or criminal, against any of the beneficiaries is five dollar times the number of residents in the county in which the violation occurred, which reflects a reasonable estimate of probable compensatory damages for loss of privacy, including humiliation, emotional distress, necessity to pay legal fees, loss of employment or advancement and other injuries, the amount of which is uncertain. This amount shall be awarded to each beneficiary against whom civil or criminal process is brought, including execution of a search warrant. (b) If no process is executed but evidence is gathered, the amount shall be two and one half dollar times the number of county residents, award-able to each beneficiary named or described by the evidence: we acknowledge that TSC and all beneficiaries are affected by some degree of violation of this sub-paragraph, consisting of a loss of privacy and a fear that unwarranted charges thereafter filed against the beneficiary, but the first award shall be an offset against a later award.
PROVISIONS AS TO MEMBERS OF THE PRESS: We represent that, if we are members of the press (including television), we are present at any TSC event only in our private, individual capacities. We warrant that, if the foregoing statement proves to be false, we are here at the direction of our employers and are acting within the scope of our employment: that we are violating the rights of the beneficiaries to privacy, under common law and the Tennessee Constitution: and that the appropriate amount of liquidated damages for any published reports which portrays or describes the activities of any beneficiaries is ten dollar times the number of readers or viewers of any medium which publishes the report, which reflects a reasonable estimate of probable compensatory damages for loss of privacy, including humiliation, emotional distress, necessity to pay legal fees, loss of employment or advancement or other injuries., the amount of which is uncertain. This amount shall be awarded to each beneficiary by application of the description to publicly available information.
INDEMNITY: APPLIES TO ALL: We agree to indemnify and hold harmless the beneficiaries for any harm resulting from our violation of this agreement. If we knowingly give information to a journalist or law enforcement officer, we are liable (a) under the terms of paragraphs 3 and 4, and the beneficiaries may elect to liquidate damages under each of those paragraphs which applies, or (b) the indemnification provision of this paragraph, in order to establish the amount of rewardable damages. The measure of damages for purposes of indemnification shall be the same as in an action sounding in tort for invasion of privacy, plus any lost wages resulting from loss of employment due to a violation of this agreement. The beneficiaries of any other legal action initiated as a consequence of our breaching this agreement. The pursuit of any other remedy, including tort, is permitted in addition to the above provisions.
NOTICE OF COMPELLED OR REQUESTED TESTIMONY: We agree to notify TSC immediately upon receiving that either of us will be required to give evidence to any public official or court in any manner relating to TSC. We agree to assert all available privileges, including this agreement, and not to give evidence unless compelled by a court. (Remember you can say NO to a police officer requesting a statement. It is your right).
ARBITRATION: In the event of a dispute under this agreement, it shall be enforced by binding arbitration. The arbitration shall take place in Nashville, Tennessee, under Tennessee law, and under the International Rules of the American Arbitration Association, unless parties agree on different rules.
RIGHTS AMONG BENEFICIARIES: TSC is an indispensable party to any proceedings to redress a violation of this agreement. Because the interest of TSC are invariably involved in any such violation and because TSC assist in the bringing of such proceedings, TSC shall be entitled to 25% of the monetary award or any beneficiary in any such proceedings.
DURATION AND LIMITATIONS: This agreement shall continue in force and apply to all attended events and communications between the beneficiaries. The period of limitations for violation of this agreement, including representations and warranties, shall not commence as to a beneficiary until that beneficiary receives the actual knowledge of the violation, and shall not be less than for years whenever there is an action under this agreement brought.