This document contains important information. Please read it carefully. These are the three documents to which you are agreeing whenever you attend a Ménage event. Ticket names must match attendee names. Please bring photo ID with you whenever you attend, in case you are asked.
Representation of Good Faith. We represent that we approach Ménage and its affiliated groups, members and attendees (the “Members”) in a sincere desire to learn about open-minded consenting adults who participate in open eroticism and to possibly participate in the same. We intend no harm, interference or disruption to Ménage or to the lives of any who adhere to its precepts.
In consideration of being permitted to attend an event sponsored by Ménage, we agree as follows:
1. Protection of privacy. We recognize that the philosophy of Ménage, 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 Members, including but not limited to the following:
a. We will not divulge the identity of anyone as a member of Ménage to anyone else without their permission;
b. we will not discuss or disclose any of our experiences in Ménage with anyone outside Ménage, without the permission of Ménage management, except that we may discuss our experiences in a way which does not permit the Members to be identified;
c. We will not disclose the location of any place where we have attended any activities of Ménage without the consent of Ménage;
d. We will not use cameras, tape recorders, cell phones, any recording device, or take photographs in Ménage facilities without the express written permission of Ménage. If we record a private conversation of a beneficiary without consent, we shall be subject to liability under all relevant privacy and information legislation and common law rights of privacy.
2. Provision as to police officers and other agents. Ménage understands that police have a duty to enforce laws and to investigate suspected violations of them, but that the Constitution Act of Canada limits 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 Ménage 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 Members without disclosing our official capacity or purpose, and that our presence on any Ménage premises, or those of its affiliates or members, is an entry into private premises without consent.
3. Provision as to members of the press. We represent that, if we are members of the press (including television), we are present at any Ménage event only in our private, individual capacities. We warrant that, if the foregoing statement proves to be false, and that 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 Members to privacy under common law.
4. Indemnity. We agree to indemnify and hold harmless the Members and Ménage for any harm resulting from our violation of this agreement, particularly if we knowingly give information to a journalist or law enforcement officer. 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 Members are entitled to reasonable attorney’s fees, both for the enforcement of this agreement and for the prosecution or defence by the Members 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.
5. Duration and limitations. This agreement shall continue in force and apply to all attended events, parties, functions and communications, in perpetuity.
Waiver of Liability
Kaleidoscope Inc. (the “Company”), Ménage (the “Club”), The Directors of the Club (the “Directors”), the Host Members who are the occupiers of the locations of Club events, parties, gatherings or functions (the “Host Members”), and its Members take no responsibility and will not be held responsible for any injuries or accidents that may occur during Club events, gatherings and activities.
Understand that you are considered an ‘invited guest’ and a licensee and that participation in all Club events, functions and parties is at your own risk. By becoming a Member of the Club or participating in any Club events, parties, gatherings or functions, you are taking responsibility for your own safety and well-being. Consumption of alcohol is at your own risk, and you are responsible for any occurrences as a result of your intoxication.
The Company, the Club, the Directors and the Host Members do not certify nor confirm the sexual history or condition of any of its Members to participate in parties, functions or events. No warranty is implied or intended, participate at your own risk.
MEMBERS’ RELEASE AND WAIVER OF LIABILITY INDEMNITY AGREEMENT
The Member or guest that signs below is referred to as “I” or “Me” or “Myself” or “We” or “Us” or “Ourselves”.
We hereby acknowledge that we are voluntarily reading this document and joining Ménage and/or participating in its activities, hereinafter referred to as “Activities”. We will be personally responsible for our own safety during these Activities and assume all risks and accept full and complete responsibility for any and all damages and personal injury of any kind, including death. I am aware that the Activities may involve risk of injury, infection, disease, death, or property damage and I am voluntarily participating in these Activities with full knowledge of the risks.
As lawful consideration for being permitted by the Company, Ménage, the Directors and the Host Members to engage in the Activities, we do, for ourselves, our heirs, executors, administrators, legal representatives, guardians, and assigns, hereby release, waive, discharge, and relinquish the Company, Ménage, the Directors and the Host Members or any of its officers, agents, servants, volunteers, leaders, activity participants, or employees, herein referred to (collectively the “Hosts”) from any action or causes of action for personal injury, property damage, or wrongful death which may hereafter arise from the Activities, alcohol consumption, or any pursuit incidental thereto wherever or however said pursuit may occur and for any period said Activities and pursuits may continue.
We further agree that under no circumstances will we prosecute or present any claim against the Hosts for any causes of action, for personal injury, property damage, or wrongful death, whether the same shall arise by the negligence or non-intentional conduct of any of said Hosts from the Activities or any pursuit incidental thereto.
We hereby agree to indemnify, save and hold harmless the Hosts and each of them from any loss, liability, damage or cost (including attorney fees) which we may incur as a result of injury, death, or property damage to the undersigned, or from suit from such personal injury, death, and/or property damage to the undersigned.
This Agreement is intended to be as broad as is permissible under the laws of Canada, and this Agreement shall be interpreted under the laws of the Province of Alberta, Canada. If any portion of this Agreement is invalid and/or is declared to be invalid by a Court of Law, the balance of the Agreement shall continue in full force and effect.
Attending any Ménage event, party or function, or renting the facilities for our private use signifies that we (and any guests we bring) have read and voluntarily agree to the release and waiver of liability and indemnity Agreement and further agrees that no oral representations, statements, or inducements apart from the foregoing written Agreement have been made.
We acknowledge that we have read the foregoing paragraphs and am completely aware of the potential dangers incident to engaging in the Activities, and fully aware of the legal consequences of agreeing to this Liability Waiver.
Our mission is to empower people to demystify, explore and celebrate their sexuality and provide a safe place for fantasies to become reality.
The purposes of Ménage are:
a. To celebrate positive sexual interaction among open-minded consenting adults who participate in open eroticism;
b. To facilitate and develop positive public images of the practice of open eroticism;
c. To research, publish and otherwise provide educational information respecting the celebration of open eroticism and other forms of open-minded, consent-based, alternative adult sexuality; and
d. To do all other such things that are incidental and ancillary to the attainment of the Mission Statement.
Members are private individuals who:
a. Are over the age set by Ménage for eligibility (21 years of age) and over the Age of Majority as defined in each jurisdiction that Ménage has events, gatherings, parties or functions in;
b. Acknowledge and accept their responsibility to frequently and regularly test for, and fully disclose their status to potential partners regarding, sexually transmitted diseases or infections which include but are not limited to chlamydia, gonorrhea, trichomonas, pubic lice and scabies, herpes (HSV), genital warts (HPV), hepatitis, syphilis, or HIV/AIDS; and
c. Are capable of understanding and freely consenting to the matters set forth in this document, the Liability Waiver, and the Privacy Agreement.
Membership expires at the end of each calendar year. Membership may be cancelled early for violations of Member guidelines: this document, the Liability Waiver, and the Privacy Agreement. In such rare cases, the Member is not entitled to any refund or compensation. To be in good standing, the Member must not violate any of the provisions set forth in this document, the Liability Waiver, and the Privacy Agreement. Membership infers no privileges or rights other than the aforementioned. Membership specifically, but not exclusively, does not set forth the right to vote, represent or act for Ménage in any capacity whatsoever.
1. No minors. No Member shall invite or bring anyone under the Age of Majority to a Ménage function, party or event.
2. Communicate your health status openly and honestly. Members agree to test regularly and frequently for sexually transmitted infections and diseases, and to communicate openly and honestly with prospective partners.
3. Respect for premises. Members shall respect the premises that Ménage functions, parties or events are taking place in, and will immediately leave if asked to do so by a Host or a Ménage employee or representative.
4. Employees and representatives. Only Ménage employees and appointed representatives shall represent Ménage’s interests. Members shall not represent Ménage in any official capacity without specific empowerment from a legally authorized representative.
5. Respect privacy. All Members shall respect the privacy of other Members, adhere to the Privacy Agreement, and not violate any relevant privacy and information legislation or common law rights of privacy by taking unauthorized images or pictures.
6. Respect all laws. All Members shall obey all laws, including refraining from taking any illegal drugs and specifically refraining from taking marijuana.
Membership or Guest Removal
In rare instances, individuals may be asked to leave the premises. Members or guests may be removed at the sole discretion of a Ménage representative. Members or guests may be removed for any reason, but are generally removed for repeated violations of the Member guidelines. After one year, a Member or guest may be readmitted.
• Treat everyone with the utmost respect and dignity. Be friendly, polite and courteous. Respect other peoples’ rights. No means no. Uninvited and/or non-consensual touching or grabbing will not be tolerated at all. Do not join an existing activity without permission. Nonconsenual or unsoliticited aggressive or dominating behaviour is not be tolerated. Singles attached to a couple must leave with the couple leaves.
• Do not bring illegal drugs on the property. We have a zero tolerance drug policy and no use will be permitted in the facilities or within the surrounding neighbourhood.
• Do not take photos in the facilities. To protect the privacy of our members, photography is only permitted by our house photographer in specific circumstances and areas clearly defined. Any exceptions require prior permission by management and must take place in a secure environment.
• Be discreet! When outside the facilities including the front yard and parking areas, please remain fully covered up at all times if dressed in sexy attire, and keep noise and horseplay to a minimum.
• Drink responsibly! If you’ve been drinking, take a taxi to ensure you arrive home safely.
• If you encounter any problems or difficulties while attending, please bring your concerns to the attention of the management immediately for resolution.
• Do only what you consider fun.
• Do not bring a guest who is not fully informed.
• Practice safe sex. It is up to us to protect ourselves as well as our partners. With concerns regarding sexually transmitted diseases the use of condoms should not offend anybody. Be prepared.
• You agree to obey all posted signs at the facilities.
• You agree to all future rules and regulations established by Ménage from time to time.