UltraMind Instructor Candidate Enrollment Agreement
THIS AGREEMENT, entered into on the date hereinafter stated, by and between Avlis Productions Inc., a Texas corporation acting herein by and through its duly authorized members, having its principal office and place of business in Houston, Harris County, Texas, hereinafter referred to as "Avlis Productions" and ________________ of __________________, hereinafter referred to as "Candidate".
W I T N E S S E T H:
WHEREAS, JOSE SILVA, of Laredo, Texas through extensive research and study, has discovered and defined philosophical and scientific concepts relative to the enhancement of mental capacity and sensitivity in humans; and
WHEREAS, JOSE SILVA has formulated certain of these concepts into an organized program of lectures utilizing such concepts in a systematic, practical and substantially predictable manner; and
WHEREAS, JOSE SILVA has also authored and published various writings and other materials describing and explaining such concepts, and, through the Trustees of his Estate, has granted to JR Systems Management, the right to use and to permit others to use, copy and publish such copyrighted lectures and publications; and
WHEREAS, Avlis Productions has been granted the right to use and to permit others to use, copy and publish such copyrighted lectures and publications; and
WHEREAS, Avlis Productions has been authorized to use certain registered and unregistered trademarks and service marks specifically including, but not limited to: SilvaMind, UltraMind, Silva UltraMind, TeleMind, Mental Video, Intradimensional Thinking, Multidimensional Thinking, The Silva UltraMind System (A system of instruction to DEVELOP VISUALIZATION AND IMAGINATION FOR THE CREATION OF MENTAL IMAGERY THROUGH MENTAL GYMNASTICS), The Silva UltraMind ESP System and others; and
WHEREAS, Avlis Productions is presently using the aforementioned trademarks and service marks to identify such program of lectures; and
WHEREAS, Avlis Productions is actively engaged in a systematic effort to obtain maximum public understanding and acceptance of said concepts and lectures; and
WHEREAS, Candidate has indicated a desire to learn how to present Jose Silva's UltraMind ESP System; and
WHEREAS, Candidate desires to participate in Avlis Productions' Instructor Training Program in order to be qualified to present Jose Silva's UltraMind ESP System for the mutual benefit of Candidate, Avlis Productions, JR Systems Management, Jose Silva's Estate, and mankind in general; and
WHEREAS, Avlis Productions reposes special faith and trust in the knowledge, ability and integrity of Candidate;
NOW, THEREFORE, in view of the foregoing recitals and for and in consideration of the various conditions and covenants hereinafter set forth, the receipt, sufficiency and adequacy of which is hereby acknowledged and confessed, it is hereby agreed between the parties as follows:
1. In consideration of payment of the tuition for the Instructor Training Program, Avlis Productions hereby accepts and enrolls Candidate in it Instructor Training Program for training to present Jose Silva's UltraMind ESP System mentioned above, as it is not presented or as it may be presented in the future.
2. Candidate specifically agrees to participate in the UltraMind Instructor Training Program, and further agrees to apply himself/herself diligently thereto, and Candidate agrees to conform strictly to all rules and regulations which may be established by Avlis Productions.
3. Candidate specifically agrees and acknowledges and understands that confidential and proprietary information will be provided to Candidate from time to time, including but not limited to recordings, printed materials, Instructors Manuals, marketing materials, sales manuals, lecture aids, research reports, charts, access to web sites, and other materials subject to or using any of the various copyrights that may now or hereafter be owned by or licensed to Avlis Productions, or JR Systems Management, or Jose Silva's Estate, and that these materials shall nevertheless be and remain the property of Avlis Productions, and Candidate agrees not to rent, license, assign, sell, loan, duplicate, or give away such material, nor reveal any of these materials to anyone outside of the Avlis Productions organization, without specific written consent of Avlis Productions. Candidate also agrees that upon receipt of written demand from Avlis Productions or its authorized agent, Candidate will immediately surrender to Avlis Productions any and all such material that Avlis Productions shall have issued or leased to Candidate. Candidate further agrees that Candidate's payment of any sum to Avlis Productions for use of such material shall be immaterial to the scope, intent, and application of this paragraph and that payment for use of such material shall never cause to vest in Candidate any title or other right to any such material. Candidate further agrees not to use any of the information contained in the UltraMind Instructor Training Program to conduct classes or programs similar to or competitive with Jose Silva's UltraMind ESP System.
4. Candidate acknowledges that during his/her participation in the said Instructor Training Program, Avlis Productions may either intentionally or inadvertently disclose to Candidate certain confidential information regarding the various programs that have been formulated by or under the auspices of Avlis Productions and/or JR Systems Management and/or Jose Silva, and also regarding the internal administrative and business affairs of Avlis Productions, JR Systems Management, and their various affiliated organizations and persons. Accordingly, Candidate hereby agrees to keep all such information confidential unless and until Avlis Productions shall, in its discretion, specifically authorize Candidate to make public or otherwise disclose any portion of such information.
5. It is expressly agreed and understood that no relationship of agency, employment, partnership or joint venture between Avlis Productions and Candidate is or has been created by this agreement or any portion hereof. Furthermore, Instructor expressly agrees not to represent or otherwise act for Avlis Productions, and that the only relationship between Avlis Productions and Candidate is that of Independent Contractor. Further, Candidate agrees not to incur or attempt to waiver any debts or obligations on behalf of Avlis Productions or to permit any of his/her agents to so act or represent themselves, except as may be authorized specifically beforehand and in writing by Avlis Productions.
6. Candidate agrees that he/she shall not use the subject matter, or any portion of any of the said lectures and groups of lectures, for any therapeutic purpose unless Instructor shall be duly licensed to practice or perform such therapy within his/her territory. Instructor further agrees to hold Avlis Productions and its various affiliates, including but not limited to Jose Silva, JR Systems Management; and/or any of their employees, agents, and other authorized representatives and/or their assignees, executors, administrators, heirs and successors, harmless from any liability for any intentional or unintentional misuse of the said subject matter or portion of the said programs and lectures by Candidate.
7. Upon successful completion of the UltraMind Instructor Training Program, Avlis Productions will recognize Candidate as a certified Instructor of Jose Silva's UltraMind ESP System and he/she shall have the right to execute an agreement with Avlis Productions to present the System to the general public; however, Avlis Productions shall be the sold judge as to whether Candidate successfully completed the training program.
8. If any provision of this agreement shall be construed to be illegal or invalid, it shall not affect the legality or validity of any other portion of this agreement. This agreement shall be construed according to the laws of the State of Texas, USA.
9. It is expressly agreed that this agreement shall constitute the only contract between Avlis Productions and Candidate with regards to Instructor Training, whether oral or written, and hereby supersedes and/or cancels any other agreements; and no waiver or modification of this agreement shall be valid unless reduced to writing and duly executed by the party to be charged therewith.
Agreed to on this the _____ day of _______________, ______ by
Candidate's Social Security Number
If you have not taken any Silva training yet, then you can start right now with the Silva UltraMind ESP System Complete Home Seminar. If you decide that the UltraMind ESP System is not for you, you can get a refund on the Home Seminar (within 60 days).