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Everyone must agree to this Privacy Agreement before being allowed to
attend any events sponsored by Club Inspiration!
1. Representation of Good Faith
We, the members or prospective members,
represent that we approach Club Inspiration and its affiliated groups,
members and attendees ("the beneficiaries") in a sincere desire to
experience and possibly participate in the lifestyle of its' members,
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 Club Inspiration, we agree as
follows.
2. Protection of privacy
We recognize that the philosophy of Club
Inspiration is controversial to some, and that activities conducted in
pursuance of it are also, and we will 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 Club Inspiration to anyone
outside of Club Inspiration without their permission; (b) we will not
discuss or disclose any of our experiences in Club Inspiration with anyone
outside Club Inspiration, without the permission of Club Inspiration,
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 Club Inspiration
without the consent of Club Inspiration. We are not offended by nudity or
sexual interaction in our presence in private settings.
3. Indemnity
We agree to indemnify and hold harmless Club
Inspiration for any harm resulting from any 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 8 or 9, 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' 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.
4. Notice of compelled or requested testimony
We agree to notify Club Inspiration
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 Club Inspiration. We agree to assert all available
privileges 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.)
5. Arbitration
In the event of a dispute under this
agreement, it shall be enforced by binding arbitration. The arbitration
shall take place in McAllen, Texas, under Texas law, and under the
International Rules of the American Arbitration Association, unless the
parties agree on different rules.
6. Rights among beneficiaries
Club Inspiration is an indispensable party
to any proceeding to redress a violation of this agreement. Because the
interests of Club Inspiration are invariably involved in any such
violation, and because Club Inspiration assists in the bringing of such
proceedings, Club Inspiration shall be entitled to 25% of the monetary
award of any other beneficiary in any such proceeding.
7. 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 four years wherever an action under this agreement
is brought.
8. Provision as to police officers and other agents
Club Inspiration understands that police
have a duty to enforce laws and to investigate suspected violations of
them, but that the U.S. Constitution and the laws of the State of Texas
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 Club Inspiration event only in our private,
individual capacities. We warrant that, if the foregoing statement should
prove to be false, we are investigating any of the beneficiaries without
disclosing our official capacity or purpose, and that our presence on any
Club Inspiration premises, 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; we further warrant that we are here at
the direction of our employers and are acting within the scope of our
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 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, the amount 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 Club Inspiration 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.
9. Provision as to members of the press
We represent that, if we are members of the
press (including television or radio), we are present at any Club
Inspiration 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 laws of the State of Texas; 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. |