Terms of Service for Night Owls

Effective Date: October 1, 2023

Welcome to Night Owls! By booking or participating in our experiences, you agree to the following Terms of Service, Code of Conduct, and (if applicable) Performer Agreement. Experiences include in-person gatherings, events, third-party events recommended by Night Owls, discussions, and digital platforms, including but not limited to WhatsApp groups, SMS chats, and other online forums. Please read them carefully, as they contain important information regarding your rights and responsibilities, including limitations on liability and legal waivers.

Night Owls is a social and cultural events community. We do not solicit, provide, or sell s*xual services. Any consensual interactions that occur between attendees are personal, voluntary, and not organized, directed, or facilitated by Night Owls.

Night Owls is an experience and event service owned and operated by Katalyst Live LLC. By booking or participating in a Night Owls experience, you acknowledge that Katalyst Live LLC is the legal entity with which you are entering this agreement. All terms, conditions, and obligations outlined in this agreement are between you, the participant, and Katalyst Live LLC, the owner and operator of Night Owls.

1. Acceptance of Terms

By booking or participating in a Night Owls experience, you agree to these Terms of Service, and you acknowledge that you have read, understood, and agreed to be bound by them. If you do not agree to these terms, please refrain from booking or participating in any of our experiences.

2. Experience Participation Requirements

- Age Restrictions: All Night Owls experiences are for ages 21+

- Health & Fitness: All participants should ensure they are physically capable of participating in the experience activities. Certain experiences may involve physical activities which require a moderate level of fitness.

- Personal Belongings: You are responsible for your personal belongings at all times. Night Owls is not liable for any loss, theft, or damage to your personal items.

3. Booking and Payment

- Reservation Requirements: All bookings must be made through our website or approved third-party platforms. Payment is due at the time of booking, unless otherwise stated.

- Cancellation Policy: Most tickets are strictly non-refundable and non-transferable. Please review the specific cancellation policy for your experience when booking.

- Changes to Experiences: Night Owls reserves the right to change, alter, or cancel experiences due to unforeseen circumstances, including but not limited to weather conditions, venue availability, or force majeure events. In the event of cancellation, we will offer a rescheduled date or a full refund.

4. Liability Waiver

By participating in a Night Owls experience, you acknowledge and agree to the following:

- Assumption of Risk: You understand that participation in an experience may involve inherent risks, including but not limited to physical activity, transportation, adverse weather conditions, and interactions with other participants. You voluntarily assume all risks, both known and unknown, associated with the experience.

- Waiver of Liability: To the fullest extent permitted by law, you release, waive, and hold harmless Night Owls, its officers, employees, agents, contractors, and affiliates from any and all claims, damages, injuries, losses, or expenses (including attorneys’ fees) arising out of or related to your participation in the experience, including those arising from the negligence of Night Owls, except in cases of gross negligence or intentional misconduct.

5.Third-Party Events & Recommendations Disclaimer

From time to time, Night Owls may recommend events, venues, or experiences that align with our coverage of nightlife, raves, EDM, erotic, and s*x-positive culture, and visual/performance arts. These recommendations are provided for informational purposes only and do not constitute an endorsement, sponsorship, or guarantee of safety, quality, or experience.

By choosing to attend any event, venue, or experience based on our recommendations, you acknowledge and agree that your participation is entirely at your own risk. Night Owls is not responsible for the actions, policies, or conduct of any event organizers, venues, performers, staff, or attendees. We assume no liability for any loss, injury, damage, or other consequences that may arise before, during, or after your participation in these third-party events.

We encourage you to exercise your own judgment and discretion when attending events and to familiarize yourself with the policies and guidelines of the respective venues and organizers.

6. Health and Safety

Health & Wellness Responsibility

Night Owls is committed to fostering a safe and respectful environment for all members and event participants. By attending any Night Owls event, you acknowledge your personal responsibility to remain aware of your physical, mental, and s*xual health.

We strongly encourage all members to regularly assess their health status and to refrain from attending in-person events if they are experiencing symptoms of illness, have recently been exposed to a contagious condition, or are otherwise unwell. This includes, but is not limited to, symptoms of flu, s*xually transmitted diseases, COVID-19, or any condition that may pose a risk to others.

Additionally, we encourage all attendees to stay informed about and take appropriate steps to manage their s*xual health. While Night Owls does not mandate testing or disclosure, we promote a culture of informed and consensual engagement and encourage regular health checkups and open communication with partners.

COVID-19 Policy:

We no longer require proof of COVID-19 vaccination or testing for our events. We will continue to monitor government guidance and amend this policy as needed to ensure community safety. You agree to follow all health and safety guidelines provided by Night Owls, including but not limited to wearing masks (where required), adhering to social distancing protocols, and following local health mandates.

Night Owls reserves the right to deny entry or ask a guest to leave if they are visibly ill or pose a potential health risk to the community. Thank you for helping us maintain a safer, more caring space for all.

Injuries or Medical Emergencies: In the event of an injury or medical emergency, you agree that Night Owls may, at its discretion, contact emergency medical services. Any costs incurred for medical treatment are your sole responsibility.

7. Conduct

- Respect for Participants and Guides: We strive to create an enjoyable and safe experience for all. You agree to behave respectfully toward other participants, guides, and any third-party service providers. Any behavior deemed inappropriate, disruptive, or unsafe may result in your removal from the experience without a refund.

- No Intoxication: Participants are expected to consume alcohol responsibly (if allowed on the experience). Excessive intoxication or disruptive behavior may result in your removal from the experience.

8. Photography & Media

- Photographs and Recordings: Night Owls may take photographs or videos during the experience for promotional or marketing purposes. By participating, you consent to the use of your image in such materials without compensation. If you do not wish to be photographed or recorded, please inform your guide prior to the start of the experience.

- Personal Use: You are welcome to take photos and videos during the experience for personal use. However, commercial use of any content created during the experience is prohibited without the express permission of Night Owls.

9. Intellectual Property

- Experience Content: All content provided during our experiences, including but not limited to experience guides, itineraries, and commentary, is the intellectual property of Night Owls. You agree not to reproduce, distribute, or commercially exploit any of this content without prior written permission.

By participating in Night Owls discussions, events, or digital platforms (including but not limited to WhatsApp groups, online forums, and in-person gatherings), you acknowledge and agree that:

1. Voluntary Idea Submission: Members may share thoughts, concepts, or ideas related to events, experiences, or community initiatives. Any idea shared within Night Owls is considered a voluntary submission and not confidential or proprietary.

2. Shared Rights & Use: Night Owls reserves the right to develop, use, modify, or implement any idea shared within the community, including those similar to or inspired by member contributions. By sharing an idea, you agree that both you and Night Owls have the non-exclusive right to use, develop, or implement that idea independently, without obligation for compensation, credit, or further permissions.

3. No Obligation or Exclusivity: Night Owls is not obligated to use or credit any specific idea and retains full discretion over which contributions, if any, are integrated into its events, branding, or initiatives. Similarly, members remain free to use their own ideas outside of Night Owls.

4. Respect for Intellectual Property: This clause does not grant Night Owls ownership over any pre-existing intellectual property, trademarks, or copyrighted materials created by members outside of the community. Members are responsible for ensuring that their shared ideas do not infringe on third-party rights.

By engaging in Night Owls platforms and discussions, you acknowledge and accept this mutual agreement regarding idea sharing.

10. Modifications to Term

Night Owls reserves the right to modify these Terms of Service at any time. Changes will be communicated via our website, and your continued participation in our experiences constitutes acceptance of any updated terms.

11. Governing Law and Dispute Resolution

These Terms of Service are governed by the laws of the state of New York. Any disputes arising from or related to these terms or your participation in an experience shall be resolved through binding arbitration in New York, except where prohibited by law.

12. Contact Information

For any questions or concerns regarding these Terms of Service, please contact us at:  

hello@nightowlsmeet.com

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By booking and participating in a Night Owls experience, you acknowledge that you have read, understood, and agreed to these Terms of Service. Enjoy your adventure with us!

Night Owls Membership Code of Conduct

1. Introduction

1.1 Night Owls is a curated community of people who want to attend s*x-positive events. By applying and being accepted as a member, you agree to abide by this membership Code of Conduct (and any subsequent variations of this document) and the event rules if attending a Night Owls event.

1.2 Being a member or ticket holder does not entitle you to enter our events. Night Owls retains the right to refuse entry for anyone that does not show respect or adhere to the following rules on privacy, dress code, phones, consent etc.

2. Privacy and security

2.1 The privacy and security of our members is our priority. The location of our events will only be given to event ticket holders. As an event ticket holder you agree to not share the location with third parties.

2.2. Only approved members of Night Owls can buy tickets to events with playspaces. (Other events may be open to non-members.) Ticket holders must bring photo ID with them to events with playspaces and membership will be cross checked at the door. Any ticket holder found not holding membership will not be permitted to gain entry and no refund will be given. To ensure the diversity and security of our events, no tickets will be available on the door. Tickets for events with playspaces are strictly non-refundable and non-transferable to another event or person. Disregarding these terms and attempting to sell a place to another person without our permission, will result in an immediate membership ban.

2.3 No photos, videos or sound recordings are permitted at any time. Night Owls events may have a house photographer. They will always ask for your consent before taking a photograph. If you do not wish to be photographed, please request an orange wristband at the door. Event photos are the property of Night Owls and may be used for marketing purposes. Night Owls pictures may be shared in private members groups. (Any activity in playspaces will never be recorded.)

3. Dress code

3.1 All Night Owls events will have a dress code. We expect members to make an effort with their appearance. Members are welcome to arrive at the event in street clothes and change at the event but they will be required to show their outfit at the door. Members who show up at events without making an effort may be denied entry to the event or have their membership revoked.

4. Respect, consent and behavior

4.1 Night Owls community and events are built on the core values of respect and consent. Members are expected to behave in a respectful manner to others at all times. Phobic attitudes towards race, gender, s*xual orientation and body type will not be tolerated. Don’t assume preferences or gender - ask first.

4.2 Consent is at the core of all our events. Verbal permission should always be sought before touching someone else. Do not crash an existing scene - wait to be invited to join in. This goes for conversations as well. If someone expresses they do not wish to be a conversation with you, respond gracefully and walk away. “Thank you for your no” is a great response in this situation. 

4.3 No always means NO and it is a complete answer. Maybe also means No. The correct etiquette is not to question any individual's answer. Aggressive, coercive, disrespectful or manipulative communication, verbal or non-verbal, is not tolerated in any form.

4.4 If someone has asked you to stop doing something, you should do so immediately and leave the area. There should be no assumption that previous playing with a person or group indicates permanent or future permission during the evening or on other events and permission should be confirmed at each encounter.

4.5 We have a zero tolerance policy to harassment of any kind. If someone is making you feel uncomfortable or not respecting this Code of Conduct and event rules, please inform a member of the Night Owls staff or the venue staff immediately who can then deal with the situation on the spot. You are welcome to email us after the event as well.

4.6 Night Owls requires our guests to not over intoxicate with alcohol or other drugs so they are incapable of making informed decisions. Any guest found over-intoxicated will be asked to leave the event with no refund and their membership of Night Owls may be revoked.

4.7 The s*x-positive scene is a small community where many of us are well-connected. Your behavior at Night Owls events could have consequences with wider event organizations and vice-a-versa if peoples’ safety is thought to be at risk.

5. Playroom etiquette

5.1 Please read our rules of play before entering any of the play spaces. Playspaces will be guardianed. You are required to follow the instructions of the guardian if they ask you to do something.

5.2 If there is a play space at an event, this will be monitored by an experienced Night Owls staff member. Due to the nature of the activity and potential for harm, guests must follow the lead of the guardian at all times who will intervene if they feel someone is unsafe.

5.3 Our play areas are available equally to all guests so please be mindful of other guests wishing to use the play areas after you. Please be considerate of others in the playrooms.

5.4 Safe play must be adhered to at all times. We will provide some supplies, but please do bring your own also.

5.5 Guests are required to clean up after themselves. Bins, wet wipes and towels will all be provided. Please leave the space as you found it.

6. Guardians & How to Report Any Concerns

To help maintain a safe and comfortable space for everyone, we will have Guardians present throughout the event. They will be wearing pink glowing body bands, making them easy to identify if you need support.

If you experience or witness any issues related to consent or safety, here are your options for how to report them:

  1. Find a Guardian (wearing pink glowing body bands) and speak with them directly.

  2. Approach an Event Host, who will be available throughout the night.

  3. Email reports@nightowlsmeet.com (you can remain anonymous if you prefer) to share concerns after the event.

We deeply appreciate everyone’s commitment to fostering a space where all attendees feel safe and respected. If you have any questions or need clarification, don’t hesitate to reach out.

NIGHT OWLS PERFORMER AGREEMENT

Night Owls is an experience and event platform owned and operated by Katalyst Live LLC. By entering into this agreement, the Performer acknowledges and agrees that Katalyst Live LLC is the legal entity responsible for all terms, obligations, and rights herein. All references to “Night Owls” throughout this Agreement shall be understood to refer to Katalyst Live LLC, the owner and operator of Night Owls.

1. PERFORMANCE DETAILS

The Performer agrees to provide services as agreed upon. The Performer is solely responsible for supplying, rigging, and inspecting all equipment used unless otherwise agreed in writing. If using venue-supplied rigging, the Performer agrees to inspect all points and assumes all risk in using them.

2. COMPENSATION

In consideration for the performance, Night Owls agrees to pay the Performer in accordance with agreed upon terms. If applicable, payment will be issued within five (5) business days after the conclusion of the Event, unless otherwise agreed in writing. The Performer acknowledges that they are not entitled to any additional compensation, royalties, or residuals beyond this agreed amount, including for any use of event media or recordings.

3. ASSUMPTION OF RISK & WAIVER OF LIABILITY

The Performer acknowledges the inherent risks associated with performance, including potential injury, property damage, or death. The Performer voluntarily assumes all such risks and agrees to hold harmless Night Owls, the venue, and all their agents, staff, and affiliates from any liability for injury, loss, or damage arising from their participation, including those arising from negligence, except in cases of gross negligence or intentional misconduct.

4. INSURANCE & MEDICAL CLEARANCE

The Performer affirms that they are physically able and trained to execute the performance safely. The Performer is solely responsible for maintaining adequate health and liability insurance. Performer acknowledges that Night Owls does not provide insurance coverage for any injuries, damages, or losses sustained during the Event, and that Performer assumes full responsibility for obtaining appropriate personal and liability insurance.

5. EMERGENCY PROCEDURES

The Performer agrees to familiarize themselves with venue safety policies, exits, and emergency protocols. The Organizer reserves the right to halt or cancel the performance at any time if a safety issue is identified.

6. CANCELLATION

Either party may cancel this Agreement with at least 14 days written notice. Night Owls reserves the right to cancel the performance at any time, including on the day of the event, due to safety or behavioral concerns, without obligation to compensate the Performer.

7. CONDUCT & CODE OF CONDUCT

The Performer agrees to abide by the Night Owls Standard Terms & Conditions and Code of Conduct, which are incorporated by reference into this Agreement. Any breach may result in immediate termination of the performance. Performer further agrees not to engage in any behavior that endangers guests, staff, or the integrity of the venue.

8. MEDIA RELEASE

The Performer understands that photography and video recording will take place during the Event. The Performer grants Night Owls, and its affiliates, the perpetual, royalty-free right to use any images, video, or audio of the Performer’s likeness or performance for promotional, commercial, archival, or editorial purposes. Performer shall not be entitled to any compensation or royalties for such use.

9. INDEPENDENT CONTRACTOR STATUS

The Performer acknowledges that they are acting as an independent contractor and not an employee or agent of Night Owls or the venue. The Performer has no authority to bind Night Owls in any manner.

10. INDEMNIFICATION

The Performer agrees to indemnify, defend, and hold harmless Night Owls, the venue, and their employees, contractors, and agents from any and all claims, liabilities, losses, damages, or expenses (including reasonable attorney fees) arising from the Performer’s actions, performance, or presence at the Event, except to the extent such claims arise from the gross negligence or willful misconduct of Night Owls or the venue.

11. FORCE MAJEURE

Neither party shall be held liable for delays or failure to perform due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, government restrictions, strikes, or pandemics.

12. GOVERNING LAW

This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York.

13. ENTIRE AGREEMENT

This Agreement constitutes the full understanding between the parties and supersedes all prior agreements, whether oral or written, relating to the subject matter herein. No amendments shall be valid unless made in writing and signed by both parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date the performance was agreed upon. 


Contact: hello@nightowlsmeet.com