Terms and Conditions
By applying for membership, being a member and/or attending an event you represent and warrant the following Terms & Conditions:
1. Representation of Good Faith. We represent that we approach B.I.A Club and its affiliated groups, members and attendees (“the beneficiaries”) in a sincere desire to learn about and possibly participate in the Lifestyle it supports, intending no harm, interference or disruption to the organization or to the lives of any who adhere to its precepts. In consideration of being permitted to attend an event sponsored by B.I.A Club or any affiliated group at B.I.A Club we agree as follows.
2. Protection of privacy. We recognize that the philosophy of B.I.A Club, while legal, is controversial, and that activities conducted in pursuance of it are also, and we represent that we are not offended by nudity or sexual interaction in our presence in private settings and we will respect the privacy of the beneficiaries, including but not limited to the following: (a) we will not divulge the identity or contact information of anyone as a member of B.I.A Club to anyone else without their permission; (b) we will not discuss or disclose any of our experiences in B.I.A Club with anyone outside B.I.A Club, without the permission of B.I.A Club, except that we may discuss our experiences in a way which does not permit the beneficiaries to be identified; (c) we will not disclose the location of any place where we have attended any activities of B.I.A Club without the consent of B.I.A Club. (d) we will not use cameras, tape recorders, cell phones, any recording device, or take photographs at any event sponsored by B.I.A Club without the express written permission of B.I.A Club. If we record a private conversation of a beneficiary without consent, we shall be subject to liability under the California State Privacy Act, RCW 9.73. We understand that in addition to the consequences described below, if we violate any terms of this agreement, our membership in B.I.A Club shall be immediately terminated and we shall be excluded from attendance at B.I.A Club events.
3. Provision as to police officers and other enforcement agents. B.I.A Club understands that police have a duty to enforce laws and to investigate suspected violations of them, but that the U.S. and California Constitutions and the laws of the State of California limit the rights of officers to do certain things without consent. We warrant that, if we are police officers or government agents of any kind, we are present at any B.I.A Club event only in our private, individual capacities. We warrant that the foregoing statements should prove to be false, “we are investigating any of the beneficiaries without disclosing our official capacity, purpose, or intent”, and recognize that if true than our presence at any B.I.A Club event, or those of its affiliates or members, is an entry into private premises without consent, in violation of the 4th Amendment to the U.S. Constitution and the privacy clause of the California Constitution; we further warrant that we are here at the direction of our employers and are acting within the scope of our employment. Damages: (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 dollars 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, we stipulate that the amount of liquidated damages shall be two and one half dollars times the number of county residents, awardable to each beneficiary named or described by the evidence; we acknowledge that B.I.A Club and all beneficiaries are affected to some degree by a violation of this subparagraph, consisting of a loss of privacy and a fear that unwarranted charges will someday be brought. A final award under this subparagraph shall not prevent a subsequent proceeding if charges are thereafter filed against a beneficiary, but the first award shall be an offset against the later award.
4. Provision as to members of the press. We represent that, if we are members of the press (including television), we are present at any B.I.A Club 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 California Constitution; and that an appropriate amount of liquidated damages for any published report made which portrays or describes the activities of any beneficiary is ten dollars 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, and other injuries, the amount of which is uncertain. This amount shall be awarded to each beneficiary named in the report or described in such a way as to permit identification of the beneficiary by application of the description to publicly available information.
5. Indemnity: (applies to all). We agree to indemnify and hold harmless the beneficiaries and B.I.A Club 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 or 4, and the beneficiaries may elect liquidated damages under either of those paragraphs which applies, or (b) the indemnification provision of this paragraph, in order to establish the amount of awardable 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 are entitled to reasonable attorney’s fees, both for the enforcement of this agreement and for the prosecution or defense by 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.
6. Notice of compelled or requested testimony. We agree to notify B.I.A Club immediately upon receiving information that either of us will be required or requested to give evidence to any public official or court in any matter relating to B.I.A Club. We agree to assert all available privileges, including this agreement, and not to give such evidence unless compelled by a court. (Remember, you can politely say NO to a police officer requesting a statement. It’s your right.)
7. Arbitration. In the event of a dispute under this agreement, binding arbitration shall enforce it. The arbitration shall take place in California, under California law, and under the International Rules of the American Arbitration Association, unless the parties agree on different rules.
8. Rights among beneficiaries. B.I.A Club is an indispensable party to any proceeding to redress a violation of this agreement. Because the interests of B.I.A Club are invariably involved in any such violation, and because B.I.A Club assists in the bringing of such proceedings, B.I.A Club shall be entitled to 25% of the monetary award of any other beneficiary in any such proceeding.
9. Duration and limitations. This agreement shall continue in force and apply to all attended events and communications between beneficiaries. The period of limitations for any violation of this agreement, including representations and warranties, shall not commence as to a beneficiary until that beneficiary receives actual knowledge of the violation, and shall not be less than three years wherever an action under this agreement is brought.
10. Exclusion & Release Of Liability- Assumption Of Risk. As a condition of your use of facilities at B.I.A Club events including, but not limited to, hot tubs, pools, devices, fixtures, buildings for appurtenances, the undersigned assumes all risk of personal injury, death, disease or property loss resulting from any cause whatsoever including, but not limited to contact with natural or man-made objects, patrons, guests, invitees, licensees, employees, agents or its owners due to intentional acts, negligence or breach of contract on the part of B.I.A Club, its owners, employees, invitees, agents, licensees and the owner of the facilities.
11. We agree that B.I.A Club, and its owners, employees, invitees, agents, licensees and the owner of the facilities, shall not be liable for any such personal injury, death, disease or property loss due to intentional acts, negligence or breach of contract and releases B.I.A Club, and its owners, employees, invitees, agents, licensees and the owner of the facilities and waives any and all claims.
12. B.I.A Club and its owners, employees, invitees, agents, licensees and the owner of the facilities are excluded by and released from all liability by the attendee.
1.-12. Created 8/10/2022
