ATTENTION: THIS IS A LEGALLY BINDING DOCUMENT. BY SIGNING, YOU WAIVE SUBSTANTIAL LEGAL RIGHTS. PLEASE READ CAREFULLY.
1. DEFINITIONS, PARTIES, AND PURPOSE OF THE ORGANIZATION
For the purposes of this Agreement, the term “APEX” shall refer collectively to the Arizona Power Exchange Corp (a 501(c)(7) social club), the APEX Education Foundation (a 501(c)(3) non-profit), and their respective directors, officers, shareholders, employees, volunteers, agents, successors, and assigns. APEX is a private, not-for-profit membership organization dedicated to the education, support, and safe exploration of BDSM and alternative sexualities among consenting adults. APEX is NOT a sex club and does not provide or facilitate partners. APEX acts strictly as a venue and educational facilitator, providing a space for consenting adult members to participate in activities entirely at their own risk.
2. P.R.I.C.K. MODEL, ETIQUETTE, AND PERSONAL RESPONSIBILITY
Participant agrees to strictly adhere to the APEX Code of Conduct and the P.R.I.C.K. model (Personal Responsibility, Informed, Consensual Kink). Participant understands that all physical touch, scene participation, and demonstration involvement require explicit, affirmative consent. Participant is solely responsible for clearly communicating their personal preferences, hard limits, and boundaries. Participant retains the absolute right to revoke consent at any time and for any reason. The official house safeword is “RED”; upon its use, all play must immediately cease.
3. EXPRESS ASSUMPTION OF INHERENT AND EXPLICIT RISKS
Participant fully understands and acknowledges that participation in BDSM, kink, and associated activities is inherently dangerous and involves known and unanticipated risks that cannot be eliminated regardless of the care taken to avoid injuries. These risks include, but are not limited to: severe physical injury (from impact, suspension, fire, needle play, electricity, or restraints); psychological trauma or emotional distress; cuts, bruises, welts, or permanent scarring; asphyxiation; circulation restrictions or nerve damage; exposure to sexually explicit conduct; equipment failure; and exposure to communicable diseases (including HIV, Syphilis, COVID-19, Monkeypox, Influenza, and other pathogens). Participant voluntarily, knowingly, and expressly assumes FULL RESPONSIBILITY for all risks of injury, illness, damage, or death, even if arising from the negligence of APEX or its representatives.
4. RELEASE OF LIABILITY AND INDEMNIFICATION
In consideration of being permitted to access APEX facilities and events, Participant hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE APEX from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Participant, WHETHER CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF APEX, breach of contract, or otherwise. Participant further agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS APEX from any and all costs, expenses, damages, lawsuits, and/or liabilities (including attorney fees) incurred or resulting from Participant’s conduct, actions, or negligence during the event.
5. MEDICAL CONSENT AND FITNESS TO PARTICIPATE
Participant warrants and attests that they are physically, mentally, and emotionally fit to participate in activities at APEX and have no medical conditions that would preclude their safe participation. Participant releases APEX from any liability regarding the provision, or failure to provide, medical assistance or emergency care. Participant assumes full financial responsibility for any medical treatment, emergency transport, or hospital care required as a result of their participation.
6. COMMUNITY SAFETY AND REPUTATIONAL INFORMATION SHARING
APEX prioritizes the safety and integrity of the BDSM and kink communities. Participant explicitly agrees that in the event of adverse behavior resulting in disciplinary action by the APEX Board (including but not limited to consent violations, violence, or severe rules infractions), APEX reserves the absolute right to share pertinent identifying information with leaders of similar lifestyle and educational organizations. Participant hereby waives any claims of defamation, libel, slander, or breach of privacy arising from the good-faith sharing of such safety and reputational information.
7. ZERO TOLERANCE POLICY AND PROHIBITED ACTIVITIES
Participant certifies they are at least 18 years of age, have provided valid, unexpired Government Issued Photo Identification, and are not acting in any official capacity as a Law Enforcement Officer, Postal Service Agent, or Government Investigator. Participant agrees not to bring firearms or weapons onto the premises. APEX enforces a strict zero-tolerance policy against prostitution. Possession, distribution, or consumption of illegal drugs, alcohol, or any mind-altering substances (including legal marijuana and impairing prescription drugs) during an event is strictly prohibited and constitutes grounds for immediate removal and membership revocation.
8. MEMBERSHIP VOTING, STATUS, AND FINANCIAL OBLIGATIONS
Membership at APEX is a privilege, not a right. New members are granted Probationary Member status until formally voted upon by the Board and Executive Committee, typically after a one (1) year period. Full Membership is granted entirely at the discretion of APEX leadership. Facility access FOBs are strictly reserved for Full Members. Membership may be suspended or revoked at any time for non-payment, disruptive behavior, or rule violations. Initiating a deliberate credit card chargeback for agreed-upon services will result in immediate suspension and potential permanent revocation of membership.
9. GOVERNING LAW, VENUE, AND SEVERABILITY
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in Maricopa County, Arizona. If any portion of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full legal force and effect.
10. ELECTRONIC SIGNATURE CONSENT AND BINDING EFFECT
Participant acknowledges and agrees that by checking the acknowledgment box and executing this Agreement via an electronic or digital signature, they are providing a valid, legally binding signature that has the identical legal effect, validity, and enforceability as a handwritten physical signature. Participant explicitly consents to the use of electronic records and signatures to execute this Agreement.