STREAMCLASH HOUSE PARTICIPATION AGREEMENT
Confidentiality, Conduct, Liability, Content & Property Use Agreement
This Agreement is entered into as of ("Effective Date") by and between:
StreamClash, a Wyoming corporation
Address: 680 South Cache Street, Suite 100-8790, Jackson, Wyoming 83001 ("Company")
and [ Signer Name ] ("Recipient")
1. Purpose
Recipient is granted access to a private content creation residence ("House") operated by Company and located at: 11531 SW 93rd Street, Miami, Florida 33176. This Agreement governs access, conduct, confidentiality, content rights, and liability while on or related to the premises.
2. Confidentiality (NDA)
Recipient agrees that all non-public information is confidential, including but not limited to:
- Content prior to release
- Creator strategies, analytics, monetization
- Business operations, deals, partnerships
- Internal communications and guest lists
- Personal information of any individuals
Recipient shall not disclose, share, or use such information without prior written consent. This obligation remains in effect during participation and for 2 years after departure.
3. Content & Recording
- No filming, recording, or streaming without prior approval
- Company may review approved content before posting
- Unauthorized content capture or distribution is strictly prohibited
4. Location Confidentiality & Privacy
Recipient acknowledges that the location of the House is private and confidential. Recipient agrees not to disclose, share, publish, or otherwise reveal the address or location of the House. This includes social media geotagging, posting identifiable landmarks or directions, and providing the address to unauthorized individuals. Violation may result in removal, content takedown, and financial liability. This obligation survives termination of this Agreement.
5. Social Media & Privacy
- No posting content of others without consent
- No disclosing internal operations, relationships, or business matters
6. Security Cameras
Recipient consents to video recording in common areas. No cameras will be placed in private areas such as bathrooms or sleeping areas. Footage may be used for security, operational, or legal purposes. Tampering with or disabling cameras is prohibited.
7. Assumption of Risk
Recipient acknowledges that activities at the House—including filming, events, equipment use, and social gatherings—carry inherent risks. Recipient voluntarily assumes all risks of injury, illness, loss, or damage.
8. Limitation of Liability
To the fullest extent permitted by law, Company shall not be liable for personal injury, illness, death, property loss, theft, damage, use or misuse of equipment or facilities, or participation in activities or events.
9. Third-Party Conduct
Company does not control or assume responsibility for the actions of other individuals. Company shall not be liable for interactions between individuals, misconduct, harassment, or criminal acts by others, or disputes between guests.
10. Prohibited Conduct
Zero tolerance for violence or threats, harassment or intimidation, non-consensual conduct of any kind, or illegal activity. Violation may result in immediate removal and referral to authorities.
11. Indemnification
Recipient agrees to indemnify and hold harmless Company from any claims arising from Recipient's actions or negligence, interactions with others, or violations of this Agreement or applicable laws.
12. No Duty to Supervise
Company has no obligation to monitor behavior or prevent incidents.
13. No Expectation of Privacy
Recipient acknowledges no expectation of privacy in common areas.
14. Incident Response
Company may take any action it deems appropriate, including removal of individuals or contacting authorities. Such actions do not create any duty of care or liability.
15. Medical Responsibility
Recipient is responsible for their own medical care and insurance.
16. Property Damage & Financial Responsibility
Recipient is fully responsible for any damage caused by themselves or their guests, including repair or replacement costs, cleaning and restoration, loss of use, and administrative costs.
17. Minimum Damage Fee
Any damage will result in a minimum charge of $10,000. If actual damages exceed $10,000, Recipient agrees to pay full costs. Company may adjust the amount downward if damages are clearly less.
18. Authorization to Charge
Recipient authorizes Company to charge any payment method on file for damages or fees.
19. Content Release & Use of Likeness
Recipient consents to being photographed, filmed, or recorded. Recipient grants Company a worldwide, perpetual, irrevocable, royalty-free license to use their name, image, likeness, and voice; include them in live or recorded content; distribute content across all platforms; and use content for commercial, promotional, and marketing purposes. Recipient waives any right to inspect or approve content. Recipient is not entitled to compensation unless agreed in writing.
20. No Rights Granted
Recipient is not granted rights to Company content, likeness of others, or business opportunities.
21. Term
This Agreement applies during presence at the House and survives where applicable.
22. Governing Law
This Agreement shall be governed by the laws of the State of Florida.
23. Brand Safety, Sponsorship & Content Standards
Recipient agrees to maintain brand-safe conduct and protect Company relationships. The following require approval from Michael, Geoffrey, or Company executives: alcohol-related content or events, gambling content, crypto promotions, sponsored or branded content, and high-risk or controversial content. No excessive intoxication or unsafe behavior. Recipient must comply with all platform rules. Violations may result in removal and financial liability.
24. Identity Verification
Recipient must provide valid government-issued ID prior to entry. Company may retain a copy and request additional identification if necessary. Failure to comply may result in denial of access.
25. Right of Removal
Company reserves the absolute and unconditional right to remove any Recipient or guest from the premises at any time, for any reason or no reason, at Company's sole discretion. This includes but is not limited to situations involving:
- Violation of any provision of this Agreement
- Conduct deemed disruptive, unsafe, or harmful to any individual or the property
- Intoxication or impairment
- Any behavior Company deems inconsistent with the interests of StreamClash, its guests, sponsors, or the Landlord
- Any situation where Company believes removal is in the best interest of any party
Removal may be immediate and without prior notice. Recipient agrees to vacate the premises promptly upon request and waives any right to contest such removal. Company shall not be liable for any costs, losses, or damages arising from Recipient's removal. No refund or compensation of any kind shall be owed to a removed Recipient.
26. Vehicle Keys & Driving Safety
By entering the premises, Recipient consents to the following vehicle-related policies:
- Company staff may request and temporarily hold Recipient's vehicle keys upon arrival for the purpose of repositioning, parking, or managing vehicles on or around the premises.
- Recipient grants Company the right to move their vehicle as reasonably necessary during their stay.
- If Company, in its sole discretion, determines that Recipient is unable to safely operate a motor vehicle for any reason—including but not limited to intoxication, fatigue, impairment, or any other condition—Company has the right to retain Recipient's vehicle keys and withhold the vehicle until Company is satisfied that Recipient can safely drive.
- Company's decision to withhold keys is final and non-negotiable in the moment. Recipient waives any claim against Company or the Landlord arising from such action.
- Recipient agrees that this policy exists for the safety of Recipient, other guests, Company personnel, the Landlord, and the general public, and consents to it voluntarily.
- Company shall not be liable for any damage to the vehicle while it is being repositioned by Company staff, except in cases of gross negligence.
27. Drug Policy
Illegal substances of any kind are strictly prohibited on the premises at all times. This includes but is not limited to controlled substances, narcotics, and any substance prohibited under federal, state, or local law. Recipient agrees not to possess, use, distribute, or facilitate the use of illegal substances on or around the premises. Violation will result in immediate removal, forfeiture of any rights under this Agreement, and may result in referral to law enforcement. Company and Landlord shall bear no liability for any consequences arising from Recipient's violation of this policy.
28. Guest Policy
Recipient may not invite, host, or permit any outside individuals onto the premises without prior written or verbal approval from Company. All approved guests are the sole responsibility of the Recipient who invited them. Recipient agrees that:
- All guests must comply with the terms of this Agreement as if they were signatories
- Recipient is fully liable for any damage, misconduct, or violations caused by their guests
- Company reserves the right to deny entry to or remove any guest at any time
- Unapproved guests may result in immediate removal of the Recipient
29. Weapon Policy
Firearms, knives with blades exceeding 3 inches, ammunition, explosive devices, tasers, and all other weapons are strictly prohibited on the premises. No exceptions will be made. Violation will result in immediate removal and referral to law enforcement. Recipient warrants that they will not bring any weapon onto the premises under any circumstances.
30. Internet & Network Use
Recipient agrees to use the premises' internet and network infrastructure lawfully and responsibly. The following are strictly prohibited:
- Illegal downloading, torrenting, or distribution of copyrighted material
- Hacking, unauthorized access, or network interference of any kind
- Any activity that could result in the IP address being flagged, blacklisted, or investigated
- Use of the network for any fraudulent, criminal, or harmful purpose
Recipient shall be fully liable for any legal, financial, or operational consequences arising from their misuse of the network.
31. Music & Copyright Compliance
Recipient is solely responsible for ensuring that any music, audio, or third-party content used in their streams, recordings, or content complies with all applicable copyright laws and platform rules including but not limited to Twitch, YouTube, Kick, and TikTok. Company shall bear no liability for any DMCA claims, platform strikes, bans, or legal actions arising from Recipient's content. Recipient agrees to indemnify Company and Landlord from any such claims.
32. Minors Policy
No individual under the age of 18 ("Minor") may be present on the premises at any time without: (a) prior written approval from Company; and (b) a signed parental or guardian consent form provided to Company before entry. Company reserves the right to deny access to any Minor for any reason. Any Recipient who brings an unapproved Minor onto the premises will be immediately removed and may face further legal consequences. Recipient warrants they will not facilitate or enable the presence of any Minor on the premises without full compliance with this section.
33. Dispute Resolution & Arbitration
Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively through binding arbitration in Miami-Dade County, Florida, under the rules of the American Arbitration Association. Both parties waive the right to a jury trial and agree not to participate in any class action lawsuit related to this Agreement. The prevailing party in any arbitration shall be entitled to recover reasonable legal fees and costs. This clause survives termination of this Agreement.
34. Check-In & Check-Out
Recipient agrees to the following check-in and check-out terms:
- Check-in and check-out times will be communicated by Company and must be strictly observed
- Recipient must leave their designated space in the same condition as upon arrival, clean and undamaged
- Any personal property left on the premises after departure may be discarded or donated at Company's discretion after 48 hours without notice
- Company shall not be liable for any lost, stolen, or discarded personal property left behind
- Failure to check out on time may result in additional fees at Company's discretion
35. Emergency Contact
Recipient is required to provide a valid emergency contact — including full name, relationship, and phone number — to Company prior to or upon entry to the premises. This information will be kept confidential and used only in the event of a medical, safety, or other emergency. Failure to provide emergency contact information may result in denial of access.
Amendment A — Landlord Protection
This Amendment is incorporated into and made part of the StreamClash House Participation Agreement. In addition to the protections afforded to StreamClash ("Company"), the following provisions apply to protect the property owner:
Property Owner: Alejandro Fiallos ("Landlord"), owner of the premises located at 11531 SW 93rd Street, Miami, Florida 33176.
A1. Landlord as Protected Party
All limitations of liability, indemnification obligations, assumptions of risk, and waivers set forth in this Agreement shall apply equally and in full to the Landlord, Alejandro Fiallos, as if the Landlord were named alongside the Company in each such provision. Recipient acknowledges that the Landlord is a direct third-party beneficiary of this Agreement.
A2. Property Damage
Recipient agrees to hold the Landlord harmless from any and all claims, damages, losses, or expenses—including legal fees—arising from Recipient's use of or presence on the premises. Recipient shall be fully responsible for any damage to the property, fixtures, furnishings, or structure caused directly or indirectly by Recipient or their guests. The minimum damage fee of $10,000 set forth in Section 17 applies equally to damages affecting the Landlord's property interests.
A3. Indemnification of Landlord
Recipient agrees to indemnify, defend, and hold harmless Alejandro Fiallos from any claims, suits, demands, losses, costs, or liabilities of any kind arising out of or related to: Recipient's presence at or use of the premises; any act, omission, or negligence of Recipient or their guests; any violation of this Agreement or applicable law; or any content created, recorded, or distributed by Recipient at or involving the premises.
A4. No Liability of Landlord
The Landlord shall not be liable for any personal injury, illness, death, property loss, theft, or damage sustained by Recipient or any guest. The Landlord makes no warranties regarding the condition, safety, or suitability of the premises beyond applicable law. Recipient accepts the premises in its current condition.
A5. Privacy & Confidentiality
Recipient shall not disclose, publish, or distribute any information relating to the Landlord, including the Landlord's name, identity, ownership of the property, contact information, or any communications with the Landlord. This obligation is in addition to the confidentiality obligations set forth in Section 2 of this Agreement.
A6. Governing Law
This Amendment shall be governed by the laws of the State of Florida. Any disputes arising under this Amendment shall be resolved in the courts of Miami-Dade County, Florida.