West Texas Social
Privacy Agreement
1. Representation of Good Faith. We represent that we approach West Texas Social and its affiliated groups, members and attendees ("the beneficiaries") in a sincere desire to experience and possibly participate in the lifestyle of its members, intending no harm, interference or disruption to the organization or to the lives of any who adhere to its precepts. In consideration of being permitted to attend an event sponsored by West Texas Social, we agree as follows:
2. Protection of privacy. We recognize that the philosophy of West Texas Social is controversial to some, and that activities conducted in pursuance of it are also, and we will respect the privacy of the beneficiaries, including but not limited to the following: (a) we will not divulge the identity of anyone as a member of West Texas Social to anyone outside of West Texas Social without their permission; (b) we will not discuss or disclose any of our experiences in West Texas Social with anyone outside West Texas Social, without the permission of West Texas Social, except that we may discuss our experiences in a way which does not permit the beneficiaries to be identified; (c) we will not disclose the location of any place where we have attended any activities of West Texas Social without the consent of West Texas Social. We are not offended by nudity or sexual interaction in our presence in private settings.
3. Indemnity: We agree to indemnify and hold harmless West Texas Social for any harm resulting from any violation of this agreement. If we knowingly give information to a journalist or law enforcement officer, we are liable and the beneficiaries may seek damages under either of any paragraphs, which applies in order to establish the amount of awardable damages. 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 beneficiaries are entitled to reasonable attorney’s fees, both for the enforcement of this agreement and for the prosecution or defense by the beneficiaries 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.
4. Notice of compelled or requested testimony. We agree to notify West Texas Social immediately upon receiving information that either of us will be required or requested to give evidence to any public official or court in any matter relating to West Texas Social. We agree to assert all available privileges and not to give such evidence unless compelled by a court. (Remember, you can politely say NO to a police officer requesting a statement. It’s your right.)
5. Provision as to police officers and other agents. West Texas Social understands that police have a duty to enforce laws and to investigate suspected violations of them, but that the U.S. Constitution and the laws of the State of Texas limit 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 West Texas Social 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 beneficiaries without disclosing our official capacity or purpose, and that our presence on any West Texas Social premises, or those of its affiliates or members, is an entry into private premises without consent, in violation of the 4th Amendment to the U.S. Constitution; we further warrant that we are here at the direction of our employers and are acting within the scope of our employment. (a) We stipulate that an appropriate amount of liquidated damages for the illegal taking of evidence which results in legal process, civil or criminal, against any of the beneficiaries is five dollars times the number of residents in the county in which the violation occurred, which reflects a reasonable estimate of probable compensatory damages for loss of privacy, including humiliation, emotional distress, necessity to pay legal fees, loss of employment or advancement, and other injuries, the amount of which is uncertain. This amount shall be awarded to each beneficiary against whom civil or criminal process is brought, including execution of a search warrant. (b) If no process is executed but evidence is gathered, the amount shall be two and one half dollars times the number of county residents, awardable to each beneficiary named or described by the evidence; we acknowledge that West Texas Social and all beneficiaries are affected to some degree by a violation of this subparagraph, consisting of a loss of privacy and a fear that unwarranted charges will someday be brought. A final award under this subparagraph shall not prevent a subsequent proceeding if charges are thereafter filed against a beneficiary, but the first award shall be an offset against the later award.
6. Provision as to members of the press. We represent that, if we are members of the press (including television or radio), we are present at any West Texas Social event only in our private, individual capacities. We warrant that, if the foregoing statement proves to be false, 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 beneficiaries to privacy, under common law and the laws of the State of Texas; and that an appropriate amount of liquidated damages for any published report made which portrays or describes the activities of any beneficiary is ten dollars times the number of readers or viewers of any medium which publishes the report, which reflects a reasonable estimate of probable compensatory damages for loss of privacy, including humiliation, emotional distress, necessity to pay legal fees, loss of employment or advancement, and other injuries, the amount of which is uncertain. This amount shall be awarded to each beneficiary named in the report or described in such a way as to permit identification of the beneficiary by application of the description to publicly available information.
