Membership agreement

By my signature on this document, I agree that I am choosing of my own free will, having read the Code of Conduct supplied to me, and/or informed of the location of the posted copy; and being willing to abide by the same, without exception, to become a member of BATE: Raleigh; and to grant a release from liability as outlined in detail below. I understand and agree, in choosing to become a member of BATE: Raleigh, that I thereby may have the opportunity to participate in adult sexual situations at certain BATE: Raleigh Events (an “Event”) now or in the future, that I choose to attend as a member of BATE: Raleigh, and that many of those sexual situations may include, but are not limited to, sexual touching, masturbation and kissing, and, although strictly prohibited under the BATE: Raleigh Code of Conduct, could include oral and anal intercourse, and that I understand the nature and risk of these activities.

I understand that I have the right to cancel my membership at any time upon submitting a completed cancellation form and returning this form and any membership card(s) by mail or in person, to BATE: Raleigh. I understand that upon cancellation of my membership, I will not be able to rejoin or participate as a member for one calendar year following my cancellation. I also understand and accept that BATE: Raleigh shall retain the right to cancel my membership at any time, with or without cause, and I shall have no right to a refund of my membership fees, dues, or any other payments made to BATE: Raleigh if cancellation is for cause, and that a refund, if cancellation is without cause, is at the sole discretion of BATE: Raleigh, its officers, agents, principles or those acting with its authority and/or permissions. I understand that as a member, I am not entitled to any refund of payments for dues or fees and may not qualify for any discounts or privileges granted specifically to annual members.

I understand and accept that trial members who enroll at the 30-day level are not entitled to any refund of charges for dues or fees for any reason and may not qualify for discounts, privileges or fee waivers granted solely to annual members. I also understand and accept that I am limited to one trial membership for life, and if I want to attend Events after my trial membership expires, I may not purchase additional trial memberships and will be required to renew my membership as a regular member, paying full, annual dues.

I affirm and declare that, to the best of my knowledge, I am not currently afflicted with any actively contagious diseases or conditions, including but not limited to Influenza, Hepatitis, Mumps, Norovirus, Pertussis, Tuberculosis, Coronavirus, or any “sexually transmittable diseases.” This term encompasses diseases listed under 10A NCAC 41A .0204 CONTROL MEASURES – SEXUALLY TRANSMITTED DISEASES, as periodically updated, which are recognized as bacterial, viral, fungal, or parasitic diseases transmitted through sexual contact. Should I contract or possess any such contagious or sexually transmittable disease, such as HIV, HSV2, or HPV, I commit to undertaking all necessary precautions to prevent transmitting it to others. This includes refraining from attending any Event if the disease or condition poses a risk of casual transmission and consistently avoiding any form of person-to-person contact during an Event that may result in the direct transfer of blood, semen, or other bodily fluids into someone’s eye, an open wound, or through broken skin.

Signing this Agreement and Liability Waiver (hereinafter referred to as “Agreement”) is mandatory for participation in any Event organized by BATE: Raleigh. BATE: Raleigh will maintain a file of this Agreement for its members. Members who have signed this Agreement will be obligated to adhere to its terms until such time as they either cancel their membership or inform BATE: Raleigh of their desire to no longer be bound by the Agreement. Should a member violate the terms of this Agreement, it may lead to the termination of their membership with BATE: Raleigh, and in such cases, no refund will be provided.

I agree and affirm that I will not attend any Event hosted by BATE: Raleigh if I have experienced any symptoms of monkeypox, COVID-19, or respiratory illness within 72 hours prior to the start of any such Event. These symptoms include, but are not limited to:

• Fever or feeling feverish (100.4°F or greater)
• Rash on or near the genitals, anus, hands, feet, chest, face, mouth, or other areas
• Chills
• Swollen lymph glands
• Cough or shortness of breath
• Headache
• Gastrointestinal (G-I) upset, such as nausea, vomiting, or diarrhea
• Respiratory symptoms, such as a runny nose or sinus congestion
• Unusual or unexplainable fatigue
• Muscle pains or body aches not attributed to exercise
• Loss of sense of taste and/or loss of sense of smell

I agree and affirm that I will not attend any Event hosted by BATE: Raleigh if I have knowingly been exposed to or been in contact with anyone who has exhibited any of the previously mentioned symptoms within 10 days prior to any Event. “In contact” is defined as being within 6 feet or closer for 15 minutes or longer with an infected person within a 24-hour period OR having direct contact with fluids from a person with COVID-19. I also agree and affirm that I will not attend any Event hosted by BATE: Raleigh if I have had a positive test for or shown symptoms of the SARS-CoV-2 or monkeypox viruses within 14 days of the Event. Furthermore, I will abstain from attending any Event hosted by BATE: Raleigh if I am advised by a health professional to self-monitor, self-isolate, or self-quarantine due to concerns of COVID-19 infection or any other transmissible disease. By participating as a member or guest in any BATE: Raleigh Event, I acknowledge my understanding that any interaction with the general public inherently carries a risk of exposure to COVID-19, monkeypox, or other contagious infections and that the precautions taken by BATE: Raleigh cannot fully mitigate this risk.

I agree to absolve BATE: Raleigh, including its volunteers and board members, as well as all other participants and personnel associated with BATE: Raleigh, from any responsibility for illness, personal injury, or loss of personal property that may occur as a result of my participation in any BATE: Raleigh Event. By signing below, I hereby affirm my acceptance of all the aforementioned conditions and terms.

In consideration of my admittance to BATE: Raleigh, I hereby release, discharge, and agree to hold harmless all individuals involved in or participating in BATE: Raleigh Events, or in organizing these Events. This includes any and all corporations, building and/or property owners, managers, leasing agents, companies and their representatives; all BATE: Raleigh managers, agents, owners, and their agents, heirs, suppliers, legal representatives, members, and assigns, those acting on its behalf or with its authority and permission, affiliates, distributors, subsidiaries, and advertisers. I release them from any and all liability arising from my participation in any activities at these events, including sexual activities. This release applies even if I contract a contagious disease or other condition, or a sexually transmitted disease (as defined earlier), as a result of my participation or attendance at a BATE: Raleigh Event.

I hereby affirm that I am legally capable of making my own decisions and am not subject to any form of legal guardianship, conservatorship, or supervision that would necessitate the consent of a court or another person or persons for my attendance or participation in any Event. I certify that I am not currently under the care of a physician or other healthcare provider for any illness that could impair or prevent my attendance or participation in any Event I choose to attend. Additionally, I confirm that I am not under the influence of any medication or other substance that could impair my ability to fully comprehend my rights and obligations under this Agreement and waiver.

I hereby warrant that I do not identify as female or a woman, am of full legal age (18 or over), and have the right to contract in my own name. I have not been induced to sign the same by any consideration other than those recited above. Under penalty of perjury under the Laws of the State of North Carolina, I certify that all statements, waivers, and warranties made in this release are true and that my signature below is a true and accurate signature. I agree that any dispute arising from this Agreement and release shall be resolved through mediation, or if that shall be unavailing, by arbitration under the rules of the American Arbitration Association in an arbitration proceeding conducted in the City of Raleigh, State of North Carolina. The prevailing party shall be entitled to an award of its reasonable attorney fees and costs by the arbitral panel.

I affirm the following: (a) I will indemnify BATE: Raleigh against all claims and will not hold BATE: Raleigh responsible for any legal, professional, financial, physical, interpersonal, and/or medical consequences that may result from participating in Events, (b) I am not a member, agent, or representative of any law enforcement agency or body at the local, county, state, federal, international, or any other jurisdictional level, seeking to entrap or prosecute BATE: Raleigh, its affiliates, members, agents, individuals, or those acting under its authority and/or permissions, or its principals. Furthermore, if I meet any of the aforementioned criteria, I acknowledge that I am not protected by prosecutorial immunity or any other legal provisions designed to allow me to contravene the terms of this Agreement.

I certify that I have been informed of my right to seek independent legal counsel for advice prior to signing this Agreement and release. I acknowledge that I have had the opportunity to consult with legal counsel, or have chosen to waive this right by not doing so.