***Please read the following***

 

Club Xanadu is a private members-only lifestyle club for couples and singles. As such, membership is restricted. By requesting membership, you agree to be bound by the Club Rules. Please be sure to read these rules in their entirety before requesting membership.

 

Club Xanadu does not sell alcoholic beverages and all events are strictly BYOB. Overly intoxicated guests will be asked to leave the club or will be denied entrance. Furthermore, you agree that you are solely responsible for complying with all traffic and other laws regarding the possession and consumption of alcohol, and agree not to hold Club Xanadu responsible for your behavior while attending an event or after you leave the premises.

 

Evidence exists that anal, vaginal and oral sex may result in the transmission of HIV and other STDs. However, the proper use of a condom has been shown to reduce exposure to these infections. In order to reduce the spread of these diseases, unprotected anal, vaginal, and/or oral intercourse is discouraged at Club Xanadu except between fluid-bonded couples. You understand that there are significant risks while engaging in unprotected sexual activity, with or without the use of a latex barrier. Club Xanadu provides access to condoms and lubricant, free of charge, but does not provide medical services or advice. You should consult with your doctor, or you may wish to contact the toll-free HIV/AIDS Hotline number (800-342-AIDS), the toll-free Alcohol and Drug Community Assessment Service Center Help Line (800-564-6600) or the Sexually Transmitted Disease Hotline (800-758-0880). You hereby agree that you are aware of the risks of contacting sexually transmitted diseases, and expressly agree to assume any and all risks of contracting any sexually transmitted disease while attending any Club Xanadu event. You also agree to not hold Club Xanadu responsible for any and all such claims asserted now, or in the future. 

Regarding all risks related to COVID-19 transmission, you hereby agree that you are aware of any risks of transmission of COVID-19 from attending group activities and you agree to not hold Club Xanadu responsible for any and all such claims asserted now, or in the future.  Furthermore, by agreeing to our membership agreement, you are acknowledging that an inherent risk of exposure to COVID-19 exists in any public place where people are present. By attending the event, you and any guests voluntarily assume all risks related to exposure to COVID-19 and agree not to hold Club Xanadu or any of their affiliates, directors, officers, employees, agents, contractors or volunteers liable for any illness or injury.

If you are a licensed law enforcement officer, government investigator or agent of any kind, you are obtaining your membership and/or event registration in your private, individual capacity and will respect the rights of privacy of other Club Xanadu members. You further represent and warrant and irrevocably agree that should the foregoing representation be false, and/or you are seeking a membership or event entry for the purpose of investigating any other Club Xanadu member or employee, you have been expressly advised that Club Xanadu does not consent to your entry under such circumstances, and that your entry into a Club Xanadu event without a valid search warrant is hereby and permanently refused. You irrevocably concede that any such unauthorized entry is an intentional and unlawful search in violation of the Fourth Amendment to the United States Constitution, a violation of all Club Xanadu members’ rights of privacy under the Fourth, Fifth and Fourteenth Amendments to the United States Constitution, that you have actual knowledge that such conduct is a violation of clearly established federal and state law in this jurisdiction, and that you hereby waive any defense of total and/or qualified immunity. You further acknowledge that Club Xanadu management and members each assert their right to counsel under the Sixth Amendment and refuse to answer any questions until they have conferred with counsel.
 
You hereby represent that, if you are a member of the press (including but not limited to television, radio, magazine, newspaper, blog site, etc., you are obtaining your membership and/or event registration solely in your private, individual capacity and will respect the rights of privacy of other Club Xanadu members. You hereby irrevocably agree that your entry for any other purpose shall be deemed fraudulent, that you intentionally made any and all statements that lead to your admission knowing them to be fraudulent, that you did so in order to obtain admission to a private event to which you otherwise would have been refused entry, and that you did so with the intent to violate the privacy rights of Club Xanadu and its members in willful violation of state and federal law. You further acknowledge and agree that you, and any employer for which you are working, are bound by the recording restrictions, copyright transfer, liquidated damages, and injunctive remedy provisions above.
 
The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required to evidence or carry out the intent and purposes of this Agreement. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by Tennessee law, excluding any laws that direct the application of another jurisdiction’s laws. Club and jurisdiction to resolve any dispute related hereto shall lie exclusively in the Superior Court of Tennessee, County of Davidson, and each Party hereby waives any challenge thereto based on jurisdiction, club and/or forum non-convenience. In any such litigation, the prevailing party shall be entitled, in addition to such other relief as may be granted, to reasonable attorneys’ fees in connection with such litigation or in a separate action brought for that purpose, whether or not the matter is concluded by trial. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision. Each Party and/or its counsel have participated fully in the review and revision of this Agreement. Therefore, no rule of contract interpretation for or against the drafting party shall be applicable in construing the meaning of this Agreement and/or any portion or portions thereof. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. All rights and obligations created under or pursuant to this Agreement shall survive the execution of this Agreement and the releases contained herein. This Agreement and the releases contained herein shall bind and inure to the benefit of the principals, agents, representatives, successors and assigns of the parties. This Agreement may be supplemented, amended, or modified only by the mutual agreement of the Parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by the Party to be charged. This Agreement constitute(s) the final, complete, and exclusive statement of the terms of the Agreement between the Parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty outside those expressly set forth in this Agreement.
 
If an event takes place in a private home, and there is a pool or hot tub on the property, In consideration for receiving permission to attend the Club Xanadu event, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE AND HOLD HARMLESS Club Xanadu, the owners of Club Xanadu, their officers, agents, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on, or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law. I am fully aware of the risks and hazards connected with the activities of Club Xanadu and I am aware that such activities include the risk of injury and even death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property and me.  I understand that Club Xanadu does not require me to participate in this activity.  I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys' fees that Releases may incur due to my participation in said activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES.  I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Tennessee and that any mediation, suit, or other proceeding must be filed or entered into only in Tennessee and the federal, state, or County courts of Tennessee. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions. IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least twenty-one (21) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.