RE: Legal question..... (Full Version)

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MidMichCowboy -> RE: Legal question..... (3/16/2009 4:54:36 PM)

Most of what we do is technically illegal. The insurance companies will NOT pay for any accidents or damage by a party like this.
The law gives them great cover.
In fact, you could find yourself up on charges (as well as others).




MG4Apuppygirl -> RE: Legal question..... (3/17/2009 3:27:27 AM)

Assuming that BDSM is actually legal where you live, then I would be skeptical of being involved with people you don't know. You should definately seek legal advice, but also consider that you would need to take out some form of public liability insurance which costs money. You need to also ask yourself why this particular group doesn't have their own set up. Let me guess.....They are to tight to spend money, so you can bet your bottom dollar they won't be spending it with you to recover costs associated. Personally I'd stay well away until they front up with cash. If that happens then make sure YOUR solicitor has drawn up the relevant documents that will be legally recognised in a court of law, and you MAKE them sign it.  



subangi -> RE: Legal question..... (3/17/2009 5:13:28 AM)

quote:

ORIGINAL: allthatjaz


Apart from that what control will you have?
Are people going to turn up in your neighborhood all dressed up in fet clothes? Are they going to be out on the street making idiots of themselves? are they going to care that this is your turf and you have to live with your new earned reputation after the night?
You are so right about that.  One time when I had a party,  someone parked on the street and walked up wearing only chaps.  And my neighbor had noticed and remarked about the strange friends i had taking whips and such into the house. 



MarsBonfire -> RE: Legal question..... (3/17/2009 5:31:33 AM)

Just a suggestion: you CAN purchase additional insurance to cover events. They are simple, short term policies that will cover you for a day or two. They really don't cost that much, maybe around $100, but you can offset that with donations at the door for the party. The thing is, if you have to cover someone's medical bills, or need to pay them off because they sue you for some injury, they are invaluable. (I used to get them every October, when I ran a small Haunted House event on my property.)



crazyredhead1957 -> RE: Legal question..... (3/17/2009 12:12:25 PM)

quote:

ORIGINAL: subangi

quote:

ORIGINAL: allthatjaz


Apart from that what control will you have?
Are people going to turn up in your neighborhood all dressed up in fet clothes? Are they going to be out on the street making idiots of themselves? are they going to care that this is your turf and you have to live with your new earned reputation after the night?
You are so right about that.  One time when I had a party,  someone parked on the street and walked up wearing only chaps.  And my neighbor had noticed and remarked about the strange friends i had taking whips and such into the house. 


i would be sooooo mortified!!  Yes, try explaining that one. 



CatdeMedici -> RE: Legal question..... (3/17/2009 12:57:02 PM)

Merc pretty much hit it on the head, doesn't matter what releases you sign, they won't hold water--and if you charge for them to use it and sex is part of the party, you can be charged with operating a business in a residential neighborhood or worse a brothel.
 
My question is why would anyone want to risk their personal situation for a local group?



pdv99 -> RE: Legal question..... (3/17/2009 1:34:07 PM)

I hate lawyers. But for legal advice, pay a qualified lawyer in your jurisdiction. If he/she says it's ok, then if it all  goes pearshaped, you can sue the law firm for bad advice !



DavanKael -> RE: Legal question..... (3/17/2009 3:31:00 PM)

I haven't read all of the replies. 
Here are my thoughts: 
Tell them that you want them to pay for a consult with a kink aware attorney (NCSF website) and that if the attorney thinks it's a good idea, that you want them to pay for the drafting of a release that all parties must sign. 
As a personal aside, I would be oh, so very grossed out by someone I wasn't sharing bodily fluids with being in contact with my goodies but I'm a bit ofan extremist in those regards. 
Also, I'd ask the attorney if it would be legal for folks to make a donation to the house for clean-up and stuff of that nature but would be verrrry concerned that that not be construed as collecting a fee for use.   
Best wishes, 
  Davan



DavanKael -> RE: Legal question..... (3/17/2009 3:34:35 PM)

I'll add after scanning some of the replies that my neighbors have seen me armored and garbed up for Ren Faires and all kinked out for various sci-fi and fantasy conventions.  Some of my neighbors are amused and intrigued which brings its own set of issues.  Others are afraid and leave me be, not so bad.  Most haven't a clue and we live together like grown-upsforthe most part (knock-on-wood). 
  Davan



MaamJay -> RE: Legal question..... (3/17/2009 3:35:03 PM)

When We lived on 5 acres, We ran private play parties. The laws are a bit different here in Oz, and We are nowhere near as litigious as a society (not yet anyway thank goodness!). The parking wasn't an issue as We could accommodate all the cars on Our land, neither were the neighbours as they didn't see or hear a thing. So people could arrive in fet clothes and no one would know. We put in solar garden lighting and warned everyone to watch their step on the paths so we didn't get any twisted ankle type problems. Inside We kept close control of the activities in the dungeon, there was no overt sexual activity and We also watched out for problems with drinking. The protocols clearly stated no heavy alcohol use and absolutely no drugs. We suggested a donation to cover costs rather than charge a fee, and everyone brought a plate of food for the shared supper. If someone didn't have the $$ for the donation (and Our suggestion was only $10) then they were not excluded as it was a voluntary donation. The major difference is that We knew the people, the group had started at another friend's dungeon (where people in odd clothes were described as actors rehearsing for a play to the neighbours!) and moved to Our place once We'd settled in because there was so much more room. We ran munches every month and no one was given the address to a party until it was agreed they were ok. The address was never advertised anywhere in writing. A member who wanted to bring a guest We'd not met at a munch had to phone and let Us know, and had to vouch for and stay with that guest. That mostly pertained to bdsmers visiting from interstate or another country and wasn't a problem. We never had a hassle, everyone was so grateful for a place to play, they were disappointed when We moved interstate Ourselves.

That was Our experience, I admit though, I'd be a lot more concerned to do such a thing in USA where people appear to sue each other at a moment's notice for the most ludicrous things. However, at very least, KNOW the people well before you say yes!

Maam Jay aka violet[A]



MasterRaid -> RE: Legal question..... (3/17/2009 4:56:43 PM)

As a provider for many play parties in My area (Assistant not Host) I can offer some advice. Your libel no matter what. Unless you want to make the party so uncomfortable to get everyone to sign waivers and contracts omiting you from every possible aspect of responsibility your going to have to realize opening up your home is going to have certain dangers. Now there are ways to help make it easier. Here is what we did.
One: Only Group Members are allowed. (no non Group members allowed to the party at all)
Two: Have a Dungeon Master and a Protectorate (fancy name for someone to help make sure no one gets out of hand) present.
Three: IF you are going to look into financial compensation set out a fishbowl or jar and label it Donations Only. If you ask for money it then becomes a business at best or a brothel at worst and the legal ramifications double for you. If you simply have a donations jar or tip jar you LEGALLY are not asking for money. At least that is the way it was explained to Myself from said lawyer.
Four: Monitor whatever play is going to be done and make it understood what is NOT allowed in your home for safety reasons.



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