⚠ V7.3.5 (Sage-confirm pass 2026-05-26). Strong-default placeholders applied: `[GOVERNING LAW STATE]` → California; `[ARBITRATION FORUM]` → JAMS; all email mailboxes → `*@setvenue.com` per V7.2 Placeholder Inventory recommended defaults. Filled 2026-05-19:
Set Venue LLC+6927 Willis Ave, Van Nuys, CA 91405+ DMCA agent (Joshua Feuer / Founder / (310) 985-3334 / dmca@setvenue.com — USCO Service Provider DMCA-1073022, registered 2026-05-19, expires 2029-05-19). V7.3.2 audit-fix pass 2026-05-26 applied mechanical CRITICAL/HIGH/MED findings from the 76-finding senior-counsel line-audit. V7.3.3 Sage-confirm pass 2026-05-26: all four `` markers resolved in place with Joshua's recommended language under visible⚠️ CAUTIONblocks for Sage to confirm or redline (§ 3.2 jurat → soft good-faith certification; § 4.2 ToS § 9 + § 18 cross-reference with § 9.3 carve-out; § 8.3 jurat → soft good-faith certification matched to § 3.2; § 8.4(b) Privacy Policy → § 4.3 (For Legal, Safety, and Compliance Reasons) with renumbering-survivor clause). Remaining placeholder ([EFFECTIVE DATE]) requires Joshua/counsel input. Counsel must confirm California + JAMS choices and review the⚠️ CAUTIONresolution blocks before relying on this pre-fill. V7.3.5 ultra-audit polish 2026-05-26: cosmetic alignment with bundle-wide version-of-record bump.
SetVenue Adult Production Policy
Last updated: 2026-05-26 Effective date: [EFFECTIVE DATE] Version: V7.3.5 (Sage-confirm pass 2026-05-26) PRE-FILLED DRAFT, based on v5-FINAL (round-5 citation-grade depth over v4) Companion references: V5 Drafting Commentary, V5 Case Law Appendix, V5 Statutory Appendix, V5 Defined Terms Registry, V5 State-Specific Addenda
Plain-English Summary
SetVenue is a marketplace for renting properties by the hour. Adult productions are not allowed at SetVenue properties by default. They are allowed only when the Host has affirmatively opted that specific Listing in to accepting adult productions through a deliberate, click-to-accept flow — and only when the Guest accurately discloses, in the Booking request, that the production is adult.
Hosts who opt in are providing a good-faith certification, true and correct to the best of their knowledge, that they have the right to authorize adult productions at the property and that doing so is lawful under local zoning, lease, HOA, and similar restrictions. The opt-in is fully revocable at any time. Hosts who do not opt in are never penalized in search results or otherwise.
For Guests, the rules are strict. Every Performer must be at least 18, and the Production Company is responsible for verifying age, keeping the records required by 18 U.S.C. § 2257, and including the required compliance statement in distributed content. SetVenue is not the producer, the financier, or the record custodian — SetVenue rents the location and routes the payment, nothing more. Adult productions also need specialized insurance riders because standard production policies usually exclude adult content.
Prostitution and any commercial sex act (as defined in 18 U.S.C. § 1591(e)(3)) are absolutely prohibited at any Listing, regardless of the opt-in. The adult-production opt-in is for lawful commercial production work only — it is not, and may not be used as, a vehicle for prostitution or for facilitating commercial sex acts. Any allegation involving a minor, or any indicator of sex trafficking — coercing, defrauding, or forcing any person to engage in commercial sex, regardless of age — triggers immediate suspension, content preservation, and reporting to NCMEC and law enforcement. State age-verification laws on adult-content distribution are the Production Company's responsibility, not SetVenue's.
This summary is provided for convenience only. The numbered sections below are the operative legal text and control in any conflict.
1. Introduction & Scope
SetVenue operates an online marketplace connecting property owners ("Hosts") with renters ("Guests") for short-term commercial use of properties as production locations. SetVenue does not discriminate based on production content type. Legal professional Adult Productions, among productions of all other kinds, may use the Platform.
Adult Productions are not permitted by default. The Acceptable Use Policy prohibits the display, upload, transmission, or storage of Sexually Explicit Conduct on the Platform as a general matter. This Adult Production Policy creates a narrow, opt-in exception to that default prohibition, available only to Hosts who have affirmatively designated their Listing for Adult Productions and only for Guests who have accurately disclosed the nature of their production in a Booking request.
This policy governs: the conditions under which a Host may opt a Listing in to accepting Adult Productions; the disclosure obligations owed to Guests booking such a Listing; federal record-keeping under 18 U.S.C. § 2257; local law and zoning compliance; insurance requirements; the absolute prohibition on content involving Minors; the absolute prohibition on prostitution and any Commercial Sex Act; and SetVenue's role as a marketplace facilitator — not a producer, financier, or record custodian.
This policy is incorporated into and governed by the SetVenue Terms of Service (/legal/terms). Where this policy conflicts with the Terms of Service, the Terms of Service controls. Capitalized terms not defined here have the meanings given in the Terms of Service.
2. Definitions
Adult Production. The platform-feature name for any professional film, photography, video, or media production conducted for commercial distribution that depicts Sexually Explicit Conduct, Simulated Sexual Conduct, or Nudity within the meaning of this Policy. Adult Production is the operational umbrella term; the federal-statute-cited content category within it is "Sexually Explicit Conduct."
Sexually Explicit Conduct. The defined statutory phrase under 18 U.S.C. § 2256(2) and 28 C.F.R. § 75.1(d), reaching: sexual intercourse (genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex); bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the anus, genitals, or pubic area of any person.
Simulated Sexual Conduct. Conduct that depicts, or is meant to be perceived as depicting, Sexually Explicit Conduct, where no actual sexual act occurs. Simulated Sexual Conduct generally does not trigger 18 U.S.C. § 2257 record-keeping but may be subject to 18 U.S.C. § 2257A and to state law.
Nudity. Any visual depiction of the unclothed or substantially unclothed human body (or any unclothed sexual or intimate body parts), where the depiction is not Sexually Explicit Conduct.
Performer. Any natural person who appears engaged in Sexually Explicit Conduct, Simulated Sexual Conduct, or Nudity at a Listing, including without limitation any individual engaged in lascivious exhibition of the genitals or pubic area within the meaning of 18 U.S.C. § 2256(2)(A)(v), whether clothed or unclothed. For purposes of 18 U.S.C. § 2257 record-keeping flow-down at § 5, "Performer" refers specifically to a natural person engaged in actual Sexually Explicit Conduct.
Talent. Any natural person appearing in or contributing to an Adult Production who is not a Performer, including without limitation crew, extras, voice-only contributors, and behind-the-scenes personnel. Talent is not subject to § 2257 age-verification record-keeping but is subject to all other applicable labor and workplace-safety law.
Production Company. The Guest, or where the Guest is acting on behalf of a third party, the entity that produces, directs, manages, or arranges to produce the Adult Production within the meaning of 28 C.F.R. § 75.1(c)(1) (the "Statutory Producer"). If the Guest is not the Statutory Producer, the Guest is responsible for identifying the Statutory Producer to the Host and SetVenue and for ensuring that producer's § 2257 obligations are satisfied. The Production Company is the record-keeping entity for § 2257 purposes.
Statutory Producer. The "primary producer" of visual depictions of actual Sexually Explicit Conduct as defined in 28 C.F.R. § 75.1(c)(1).
Minor. Any individual under the age of eighteen (18), tracking the statutory definition at 18 U.S.C. § 2256(1).
CSAM (Child Sexual Abuse Material). Any visual depiction of a Minor engaged in Sexually Explicit Conduct, as defined at 18 U.S.C. § 2256(8). "CSAM" is the preferred contemporary term for what the federal statute refers to as "child pornography."
Commercial Sex Act. As defined at 18 U.S.C. § 1591(e)(3): any sex act, on account of which anything of value is given to or received by any person.
Opted-In Listing. A Listing for which the Host has affirmatively completed the Adult Production Opt-In Flow described in §3 and which is therefore eligible to host Adult Productions through the Platform.
Adult Content. Output of an Adult Production — visual or audio recordings depicting Sexually Explicit Conduct, Simulated Sexual Conduct, or Nudity — that is intended for commercial distribution. The Platform does not host, display, store, or transmit Adult Content; see § 5.2.
Distribute / Distribution. To "publish," "transmit," "make available," "post," "release," "exhibit," "sell," "license," "duplicate," "reproduce," or "reissue" content, including without limitation through any commercial distribution channel covered by 18 U.S.C. § 2257(a) or applicable state age-verification law.
COI. Certificate of Insurance: a document issued by an insurance carrier evidencing the coverage carried by the insured.
3. Host Opt-In Requirement
3.1 Default: Adult Productions Not Permitted
Adult Productions are not permitted at any Listing on the Platform unless and until the Host completes the Adult Production Opt-In Flow described in this §3. No implied consent, course of dealing, or silence by SetVenue or by the Host constitutes an opt-in.
3.2 Opt-In Flow
To designate a Listing as an Opted-In Listing, the Host must:
- Navigate to the Listing's settings page and select the Adult Production Opt-In control. This control is unchecked by default; no Listing is opted-in absent the Host's affirmative action.
- Read and affirmatively accept the additional terms in this policy (click-to-accept, timestamped and logged, with full audit-log fields including timestamp, IP address, user-agent, and the version identifier of this Policy).
- Certify in good faith, true and correct to the best of the Host's knowledge, that: (a) the Host is the legal owner of, or holds documented authority from the owner to authorize commercial use of, the property for Adult Productions; (b) the Host has reviewed applicable local zoning, land-use, lease, HOA, condo-board, mortgagee, and building-management restrictions and has determined that hosting Adult Productions is lawful; and (c) the Host accepts sole responsibility for local-law compliance as set out in §6. This certification is a good-faith contractual attestation only; it is not, and is not intended to be, a sworn statement or affidavit within the meaning of Cal. Code Civ. Proc. § 2015.5, and shall not be construed as invoking the laws of perjury. Materially false certification remains actionable as common-law fraud, contractual misrepresentation, and (where applicable) a violation of Cal. Penal Code § 532 (false pretenses).
SetVenue may require a signed written addendum and human review by SetVenue staff in addition to the in-app click-to-accept flow before activating an Opted-In Listing. The human-review process is ministerial — SetVenue confirms procedural completion of the opt-in flow but does not adjudicate the lawfulness of any specific Listing's compliance posture. SetVenue may decline any opt-in request in its good-faith discretion without stating a reason.
Ministerial-review recital (Mavrix Photographs v. LiveJournal defense). The human review described above is ministerial: it confirms that the Host has completed the procedural steps in §3.2 (signed addendum, click-to-accept completion, payment information, insurance documentation submission). It does not constitute editorial review, content approval, or endorsement of any specific Listing, and is not a representation that the Listing is compliant with applicable law. SetVenue does not "select" or "curate" adult-Listing content within the meaning of the Mavrix Photographs, LLC v. LiveJournal, Inc., 873 F.3d 1045, 1052-58 (9th Cir. 2017) editorial-review doctrine. (See V5 Drafting Commentary, Adult Production § 3.2; V5 § 230 Doctrine Analysis § C.)
Content-neutrality recital (Roommates.com defense). SetVenue's role in the Adult Production opt-in flow is content-neutral: SetVenue provides a categorical opt-in mechanism that allows Hosts to declare their Listing eligible for a legal class of production. SetVenue does not require, encourage, prompt, or materially contribute to the production of any specific Adult Production content within the meaning of Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, 521 F.3d 1157 (9th Cir. 2008) (en banc).
Conspicuous-notice recital (Berkson v. Gogo / Sellers v. JustAnswer defense). The opt-in user-interface flow is designed to satisfy the conspicuous-notice and unambiguous-manifestation-of-assent standards articulated in Berkson v. Gogo LLC, 97 F. Supp. 3d 359 (E.D.N.Y. 2015); Cullinane v. Uber Techs., Inc., 893 F.3d 53 (1st Cir. 2018); and Sellers v. JustAnswer LLC, 73 Cal. App. 5th 444 (2021). The Adult Production opt-in is not a sign-in-wrap bottom-of-page checkbox; it is a discrete consent screen presented at the Listing-settings level and requires affirmative click-to-accept after disclosure of the terms in this Policy.
3.3 Opt-In is Revocable
The Host may remove the Adult Production designation from a Listing at any time through Listing settings. Removal applies to future Bookings only; confirmed Bookings for Adult Productions before removal are not automatically cancelled.
3.4 No Pressure, No Default Enrollment, No Search-Ranking Penalty
SetVenue does not pressure, incentivize, or default-enroll Hosts into the Adult Production designation. Hosts who decline to opt in may not be penalized, ranked lower in search results, or otherwise disadvantaged solely because they have not accepted Adult Productions. SetVenue's recommendation algorithms and search-ranking functions do not use the Adult Production opt-in status as a positive ranking signal.
4. Guest Disclosure
4.1 Prominent Pre-Booking Notice
Before a Guest may complete a Booking at an Opted-In Listing, the Platform will display a prominent disclosure notice stating:
This property has been designated by its owner as available for adult entertainment productions. By completing this booking, you acknowledge that adult productions may take place or may have taken place at this location. Please review the SetVenue Adult Production Policy before proceeding.
The Guest must affirmatively click to acknowledge the disclosure before the Booking request is submitted. This acknowledgment is timestamped and logged.
4.2 Guest Must Accurately Disclose Production Type
In the Booking request, the Guest must accurately describe the production, including whether it is an Adult Production. A knowing or reckless misrepresentation of an Adult Production as a non-adult production — at an Opted-In Listing or any other Listing — is a material breach of the Terms of Service and this Policy and may result in: (i) immediate account suspension pending investigation; (ii) account termination upon confirmation; (iii) preservation of any Damage Hold pending Host claim assessment under the Dispute Resolution Policy and the Damage Hold mechanic in Terms of Service § 9 (no automatic forfeiture absent reasonable proportionality under Cal. Civ. Code § 1671); (iv) mandatory reporting to appropriate authorities where required by law; (v) Guest's indemnification of Host as set forth in the indemnification provisions in Terms of Service § 18, extended to cover any neighbor, HOA, mortgagee, lessor, condo-board, or regulatory claim arising from the misrepresented production type; and (vi) permanent platform-wide ban. For the avoidance of doubt, the Damage Hold mechanic in Terms of Service § 9 and the indemnification provisions in Terms of Service § 18 apply to Adult Production Bookings without modification, except as specifically modified in § 9.3 below (commercial-cleanup damage scope).
Consequences of misrepresentation. Guest's misrepresentation of an Adult Production type at a non-opted-in Listing also (a) preserves the Host's claim against any Damage Hold under the Dispute Resolution Policy and applicable tort law; (b) triggers Guest's indemnification of Host for any neighbor, HOA, mortgagee, lessor, condo-board, or regulatory claim arising from the undisclosed production type; and (c) is an independent ground for permanent platform-wide ban.
4.3 Neighbor and Third-Party Considerations
By opting a Listing in, the Host acknowledges that the Adult Production designation may affect the Host's relationships with neighbors, homeowners associations, landlords, and local authorities. SetVenue is not a party to any dispute arising from those relationships.
4.4 No Public Display of Opt-In Status
The Adult Production designation is disclosed only to Guests in the Booking flow for an Opted-In Listing and is not publicly displayed in search results, Listing-card thumbnails, marketing materials, or other anonymous-browse contexts. This protects Host privacy and limits exposure to bad actors who might target Opted-In Listings for prohibited activity.
5. Federal Record-Keeping — 18 U.S.C. § 2257
5.1 Statutory Requirements
18 U.S.C. § 2257 and its implementing regulations (28 C.F.R. Part 75) require any Statutory Producer (as defined in 28 C.F.R. § 75.1(c)(1)) of visual depictions of actual Sexually Explicit Conduct made for commercial distribution to: (i) verify each Performer's age before the visual depiction is created using government-issued photographic identification; (ii) maintain records of that age verification at the Statutory Producer's principal place of business per 28 C.F.R. § 75.2; (iii) make those records available for inspection by the Attorney General per 28 C.F.R. § 75.5; and (iv) affix the required § 2257 compliance statement on all commercially distributed copies per 28 C.F.R. § 75.6. 18 U.S.C. § 2257A provides a limited exemption for producers whose materials do not depict actual Sexually Explicit Conduct (e.g., Simulated Sexual Conduct for theatrical release); the Production Company must determine whether its work falls under § 2257 or § 2257A.
5.2 SetVenue Is Not the Record Custodian
SetVenue is not a Statutory Producer, primary producer, secondary producer, or record custodian within the meaning of 18 U.S.C. § 2257 or 28 C.F.R. Part 75. SetVenue facilitates the location-rental transaction only. SetVenue does not direct, film, finance, edit, publish, distribute, license, duplicate, reproduce, reissue, or release any content created at properties listed on the Platform. SetVenue does not derive revenue from the distribution of Adult Content; its revenue is the Platform Fee charged on the location-rental transaction, which is unaffected by the content of the production.
5.2A SetVenue's § 2257 Posture
SetVenue is not a "primary producer" or "secondary producer" within the meaning of 28 C.F.R. § 75.1(c). Specifically: SetVenue does not (a) produce, manage, or have authority over the production of any Adult Content; (b) host, store, display, transmit, or otherwise process any Adult Content on the Platform; (c) review, approve, or moderate any Adult Content (production content is created off-Platform by the Guest and any third parties involved in the production); (d) hold itself out as a producer of Adult Content. SetVenue's role is limited to providing booking infrastructure for the physical venue. As between Guest and SetVenue, § 2257 record-keeping is the Guest's responsibility as Producer, and Guest indemnifies SetVenue for any third-party or governmental claim asserting that SetVenue is a producer.
Operational fact recital. SetVenue's role with respect to Adult Production output is limited to facilitating the location-rental transaction. The Platform does not display, store, host, transmit, or otherwise maintain any visual or audio depiction of an Adult Production. Listing photographs, descriptions, host messaging, and all other Platform-displayed content are subject to the Acceptable Use Policy, which prohibits Sexually Explicit Conduct from being uploaded to the Platform regardless of any Listing's Adult Production opt-in status. This "we do not touch the output" recital is intended to lock in operational facts supporting the § 75.1(c)(2) secondary-producer disclaimer.
Secondary-producer disclaimer (28 C.F.R. § 75.1(c)(2)). A "secondary producer" under § 75.1(c)(2) is a person who "produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter intended for commercial distribution that contains a visual depiction of an actual human being engaged in actual sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of, an actual human being engaged in actual sexually explicit conduct." SetVenue does not engage in any of these activities with respect to content created at any Listing. SetVenue does not host Adult Content visual depictions, does not "insert" such depictions on a computer site or service, and does not "manage" the sexually-explicit content of any computer site or service. See Free Speech Coalition v. Att'y Gen., 825 F.3d 149 (3d Cir. 2016) (narrowing § 2257 application).
The Production Company (the Guest, or its identified Statutory Producer) is the Statutory Producer and record custodian for § 2257 purposes. By completing a Booking for an Adult Production, the Production Company represents that it will:
- Verify and document the age of every Performer before the visual depiction is created using government-issued photographic identification;
- Maintain all § 2257 records at its principal place of business for the periods required by law (28 C.F.R. § 75.2);
- Make those records available for inspection as required by law (28 C.F.R. § 75.5); and
- Include the required § 2257 compliance statement in all commercially distributed content (28 C.F.R. § 75.6).
5.3 No Verification by SetVenue
SetVenue does not verify, audit, inspect, or validate any Production Company's § 2257 records. Compliance is entirely the responsibility of the Production Company.
5.4 Operational Disclaimers
To make the § 2257 disclaimers in §§ 5.2-5.3 operationally complete, SetVenue confirms that it: (a) does not collect, request, or store § 2257 records or copies of Performer government-issued identification; (b) does not maintain a § 2257 records-inspection address as required of producers under 28 C.F.R. § 75.2; (c) does not have a § 2257 records custodian or compliance officer; (d) does not affix or have authority to affix any § 2257 compliance statement on any Adult Production output; (e) does not have access to, and does not request access to, any Adult Production output before, during, or after a Booking. The Production Company is the sole entity responsible for these obligations.
6. Local Law and Zoning Compliance
6.1 Host's Representation
By opting a Listing in for Adult Productions, the Host represents and warrants that:
- Adult Production activity at the property is lawful under applicable local zoning, land-use, and occupancy regulations. Some municipalities restrict or prohibit commercial Adult Productions in residential zones or require special use permits; the Host is solely responsible for determining and complying with these requirements before designating a Listing as Opted-In.
- The Host has obtained all landlord, lessor, mortgagee, HOA, condo-board, and building-management consents necessary to authorize Adult Productions at the property.
- The Host will notify SetVenue promptly if the legal status of Adult Productions at the property changes.
6.2 No Legal Advice from SetVenue
SetVenue does not review the legality of Adult Productions at any specific property. Any informational permit guides or resource materials SetVenue publishes are for general reference only and do not constitute legal advice. Hosts and Guests should consult qualified legal counsel for jurisdiction-specific compliance.
6.3 Guest Compliance
Guests are independently responsible for complying with all applicable federal, state, and local laws governing their Adult Production — including permitting, performer labor requirements, and content-specific regulations — in addition to the compliance obligations in the Terms of Service.
- Compliance with state-law performer-consent and recording-consent statutes, including California Penal Code § 632, the equivalent statutes in any other two-party-consent state, and any state's adult-performer protection laws (e.g., Cal. Lab. Code § 1700.4 talent-agency rules where applicable).
- Compliance with applicable workplace-safety standards for adult-film production, including without limitation: (i) Cal. Code Regs. tit. 8 § 5193.1 (Cal/OSHA Bloodborne Pathogens in Adult Film Production Standard), which mandates engineering controls, work-practice controls, personal protective equipment, training, post-exposure procedures, and vaccination offerings for Performers engaged in actual Sexually Explicit Conduct; (ii) Los Angeles County Code, ch. 11.39 (Measure B, 2012), which requires condom use and a Public Health Permit for adult-film production occurring within unincorporated Los Angeles County (upheld in Vivid Entertainment LLC v. Fielding, 774 F.3d 566 (9th Cir. 2014)), and parallel municipal ordinances in other jurisdictions; and (iii) the federal OSHA Bloodborne Pathogens Standard, 29 C.F.R. § 1910.1030, where applicable.
- Compliance with applicable state-law performer-classification rules (independent contractor vs. employee), including the ABC test under Cal. Lab. Code § 2775 (Assembly Bill 5) where applicable, with industry carve-outs under Cal. Lab. Code § 2778 (Assembly Bill 2257); see Vasquez v. Jan-Pro Franchising Int'l, Inc., 10 Cal. 5th 944 (2021) (retroactive application of ABC test).
SetVenue not an employer. SetVenue is not the employer of any Performer or Talent and is not responsible for compliance with Cal/OSHA, federal OSHA, or any other workplace-safety regulation arising from an Adult Production. The Host is not the employer of any Performer or Talent solely by virtue of providing the production location, except where the Host directly engages, supervises, or compensates a Performer or Talent. The Production Company is the employer for purposes of all workplace-safety regulation, including without limitation Cal. Lab. Code § 6400 (multi-employer worksite doctrine), which is not triggered by mere location rental.
6.4 State-Level Restrictions on Adult Content Distribution
Some states (including, as of the date of this Policy, Texas, Utah, Louisiana, Mississippi, Virginia, Arkansas, Montana, Indiana, North Carolina, Idaho, Kansas, Florida, and others — the list changes frequently) impose age-verification or content-restriction obligations on operators of websites that host or distribute Adult Content. The Supreme Court upheld one such law (Texas H.B. 1181) under intermediate scrutiny in Free Speech Coalition, Inc. v. Paxton, 605 U.S. ___ (June 27, 2025).
SetVenue is not subject to these laws. SetVenue does not host Adult Content (see § 5.2). SetVenue does not "publish," "distribute," "post," "release," "make available," or "transmit" Adult Content within the meaning of these state statutes. SetVenue's role is limited to location-rental matchmaking and payment-processing; the Platform itself does not display Adult Production output. Production Companies that Distribute content created at a Listing must independently comply with applicable age-verification and adult-content laws of the jurisdiction where the content is Distributed. SetVenue is not responsible for the Production Company's compliance with distribution-side laws.
7. Insurance Requirements
7.1 Production Insurance Required
All Guests must carry valid production insurance meeting the minimums specified on the Listing or in Host Rules, as required by the Terms of Service. For Adult Productions, the minimum is two million US dollars ($2,000,000) commercial general liability plus any specialized rider or umbrella required by the Host or by applicable law, unless the Host's Listing requires a higher amount.
7.2 Specialized Riders
Adult Productions frequently require specialized commercial general liability riders or endorsements that standard film-production policies do not automatically include. Standard production policies may explicitly exclude Adult Content. It is the Host's responsibility to require — and the Guest's responsibility to obtain and produce — any specialized COI riders appropriate to Adult Productions before the Booking date.
Standard motion-picture or commercial-production insurance policies frequently exclude coverage for "sexually explicit," "adult," or "obscene" productions and require a specialized rider, separate adult-content liability policy, or umbrella endorsement. Coverage must also explicitly include sexual-misconduct, sexual-abuse, and sexual-harassment claims; the standard sexual-misconduct exclusion endorsement, increasingly common in liability policies post-#MeToo, renders adult-production policies effectively void for the most common claim types. Hosts may require, and Guests must obtain, coverage that explicitly does not exclude the planned production type or sexual-misconduct claims, with proof of coverage delivered before the Booking date. Failure to deliver compliant coverage is grounds for cancellation under the Cancellation Policy.
7.3 SetVenue Provides No Insurance
SetVenue does not provide, underwrite, guarantee, or back any insurance for Adult Productions or for any other Booking. See Terms of Service §5.3 (No platform-backed guarantee). SetVenue's Damage Hold facilitation is a workflow tool only and is not insurance.
7.4 COI Delivery
Before the Booking date, the Guest must produce a COI naming the Host (and any other party the Host designates) as an additional insured. Failure to deliver a compliant COI by the deadline in Host Rules is grounds for the Host to cancel the Booking per the Cancellation Policy.
8. Prohibition on Minors
8.1 Absolute Prohibition
No visual depiction of, and no audio recording of, any Minor engaged in Sexually Explicit Conduct (as defined in 18 U.S.C. § 2256(2)), Simulated Sexual Conduct, Nudity, or any conduct that would constitute the use of a Minor for sexual purposes under Cal. Penal Code § 311.4 or analogous state law, may be created, captured, transmitted, possessed, or Distributed at a Listing. This prohibition is absolute and admits no exception. Any such material is CSAM, the creation of which violates 18 U.S.C. § 2251 (production), § 2252 / § 2252A (trafficking), and § 2260 (extraterritorial production); the trafficking of which violates § 2252 / § 2252A; and the possession of which violates § 2252(a)(4)(B).
8.2 Age Verification
Every Performer participating in an Adult Production must be at least 18 years of age at the time the visual depiction is created. The Production Company must verify the age of every Performer before creation of the visual depiction begins, using government-issued photographic identification, and must retain copies of that identification in compliance with 18 U.S.C. § 2257 and applicable law.
8.3 Age-Attestation Certification
By submitting a Booking request for an Adult Production, the Guest certifies in good faith, true and correct to the best of the Guest's knowledge, that:
- No Performer in the Adult Production is, or will be at the time the visual depiction is created, a Minor; and
- The Guest will verify and document the age of every Performer before creation of the visual depiction begins.
This certification is a good-faith contractual attestation only; it is not, and is not intended to be, a sworn statement or affidavit within the meaning of Cal. Code Civ. Proc. § 2015.5, and shall not be construed as invoking the laws of perjury. Materially false certification remains independently actionable on the federal criminal grounds enumerated in the paragraph immediately below and as common-law fraud and contractual misrepresentation against SetVenue and the Host.
False certification may constitute federal criminal exposure under 18 U.S.C. § 2257 (record-keeping violations); 18 U.S.C. § 2251 (production of CSAM where a Performer is a Minor); 18 U.S.C. § 2252 / § 2252A (trafficking in CSAM); 18 U.S.C. § 1591 (sex trafficking); 18 U.S.C. § 1594 (attempted sex trafficking); and analogous state criminal statutes (including Cal. Penal Code § 311 et seq., § 266h, § 266i), in addition to constituting fraud against SetVenue and the Host.
8.4 Termination on Credible Allegation; Procedural Fairness
8.4(a) Internal Suspension Trigger
SetVenue will immediately suspend any account — Host or Guest — associated with a credible allegation that an Adult Production at a property listed on the Platform involved a Minor. For this internal-suspension purpose, "credible allegation" means a report accompanied by specific facts — including, without limitation, photographic or video evidence, a law-enforcement investigation reference number, sworn declarations, or other corroborating material — that, taken together, give SetVenue reasonable cause to investigate. Suspension pending investigation is not a determination of liability.
8.4(b) Statutory NCMEC Reporting Trigger
Separately, SetVenue will report to the National Center for Missing & Exploited Children (NCMEC) CyberTipline any allegation, complaint, or evidence that comes to SetVenue's attention from which there is an apparent violation of 18 U.S.C. §§ 2251, 2251A, 2252, 2252A, 2252B, or 2260 involving any property listed on the Platform, within the time frame required by 18 U.S.C. § 2258A. The statutory reporting trigger is "apparent violation," which is lower than the "credible allegation" trigger for internal suspension; SetVenue intends to satisfy the lower statutory trigger in all cases. SetVenue claims the limited safe harbor of 18 U.S.C. § 2258B for good-faith reporters. SetVenue may make voluntary disclosures of subscriber information and content to NCMEC and law enforcement pursuant to 18 U.S.C. § 2702(b)(6) without subpoena, court order, or user notice.
Law-enforcement cooperation and data-sharing is governed by the Privacy Policy § 4.3 (For Legal, Safety, and Compliance Reasons), which is incorporated here by reference. If the Privacy Policy is renumbered, the controlling reference is the section then in effect addressing data sharing with law enforcement and government, by whatever section number it bears.
8.4(c) Procedural Fairness on Reinstatement
A suspended Account may seek reinstatement by:
- Submitting a written request with supporting evidence to legal@setvenue.com;
- Providing documentation of resolution of any law-enforcement inquiry (where applicable);
- Cooperating with any reasonable verification SetVenue may request.
SetVenue will review the reinstatement request in good faith and respond within a reasonable time. Reinstatement is not available where a law-enforcement agency has opened a formal investigation into the account holder, or where SetVenue's good-faith review concludes that the original suspension was warranted on the merits. SetVenue retains the right to permanently terminate accounts where credible evidence of a violation is confirmed.
8.4(d) Permanent Ban for CSAM-Confirmed Accounts
Where SetVenue's good-faith review confirms that an Adult Production at a Listing involved a Minor, or where law enforcement has confirmed such a violation, the associated Host and Guest accounts are permanently terminated and not eligible for reinstatement. Any Damage Hold and outstanding balance are subject to preservation pending law-enforcement direction. SetVenue may, in its discretion, flag the associated property address(es) as banned from re-listing under any other account.
8.4(e) Section 230 Reservation and FOSTA-SESTA Posture
Allegations involving sex trafficking (18 U.S.C. § 1591), attempted sex trafficking (18 U.S.C. § 1594), promotion or facilitation of prostitution (18 U.S.C. § 2421A), or content involving Minors (18 U.S.C. §§ 2251, 2251A, 2252, 2252A, 2256, 2258A, 2260) are subject to immediate suspension, content preservation, and reporting to NCMEC and law enforcement. SetVenue does not, by enabling the Adult Production opt-in, waive any defense or immunity under 47 U.S.C. § 230(c)(1) other than the limited carve-outs in 47 U.S.C. § 230(e). SetVenue's affirmative cooperation pathways with law enforcement under this Policy do not constitute "knowingly benefitting" within the meaning of Doe v. Reddit, 51 F.4th 1137 (9th Cir. 2022) for FOSTA-SESTA purposes; see also Doe v. Twitter, Inc., 555 F. Supp. 3d 889 (N.D. Cal. 2021) (applying Reddit standard).
SetVenue does not have a "venture" with any Host within the meaning of 18 U.S.C. § 1591(a)(2): SetVenue's transaction-fee revenue is independent of any specific Adult Production content, output, or success (see § 5.2 / § 9). SetVenue does not have "actual knowledge" of facilitating sex trafficking; SetVenue does not direct, supervise, or curate Adult Production content. SetVenue does not engage in willful blindness with respect to such conduct, and the cooperation pathways under § 8.4(b) and (c) are designed to ensure prompt response on any reportable signal.
8.5 Prohibited: Prostitution and Commercial Sex Acts
Notwithstanding any Host opt-in for adult production, the Platform expressly prohibits use of any Listing for prostitution, solicitation of prostitution, or any commercial sex act as defined under 18 U.S.C. § 1591(e)(3) (a "Commercial Sex Act"). This prohibition is absolute and applies regardless of the Booking's stated purpose or any private arrangement between the Guest and any third party. SetVenue does not, will not, and cannot lawfully knowingly host, promote, or facilitate the use of its Platform for the conduct of prostitution or any Commercial Sex Act, and any Booking discovered to involve such activity is subject to immediate termination, refund forfeiture, account ban, referral to federal and state law enforcement (including under 18 U.S.C. § 2421A and 18 U.S.C. § 1591), and full cooperation with any government inquiry. This prohibition operates in addition to, and does not limit, SetVenue's obligations under FOSTA-SESTA (18 U.S.C. § 2421A; § 230(e)(5)).
The Adult Production opt-in described in this Policy is limited to lawful adult-entertainment production for commercial distribution conducted in compliance with 18 U.S.C. § 2257, Cal. Code Regs. tit. 8 § 5193.1, LA County Code ch. 11.39, and applicable state law; it is not, and may not be used as, a vehicle for prostitution or for facilitating Commercial Sex Acts. The prohibition extends to conduct that would constitute pimping under Cal. Penal Code § 266h or pandering under Cal. Penal Code § 266i, or analogous state-law equivalents.
8.6 No Intent to Promote or Facilitate
SetVenue does not, by allowing host-opt-in commercial adult production within the strict guardrails of this Policy, intend to and does not promote or facilitate the prostitution of any person, nor does SetVenue have actual knowledge or reckless disregard of any fact suggesting that a Booking is intended to facilitate prostitution or any Commercial Sex Act. The Platform's Adult Production opt-in is offered solely for lawful commercial production work subject to applicable record-keeping (18 U.S.C. § 2257), labor (Cal. Code Regs. tit. 8 § 5193.1), and other governing requirements. Marketing materials promoting the Platform may not feature, highlight, or otherwise emphasize the adult-production opt-in.
8.7 No Minors on Premises
No person under the age of eighteen (18) may be physically present on the Listing premises during any portion of a Booking with the Adult Production content-type opt-in active. This prohibition applies to all attendees and visitors, including any individuals who are not part of the production but who would otherwise be present (e.g., friends, family of the Host or Guest). The only exceptions are (i) legal guardians or staff of the Listing who must be present briefly to address venue-management matters (in which case they must remain outside any active production area), and (ii) law-enforcement or other governmental personnel exercising lawful authority. Violation of this clause is a per-se material breach and triggers immediate Booking termination, refund forfeiture, account ban, and law-enforcement referral.
8.8 Prohibited Conduct: Attempted CSAM Production and Solicitation of Minors
Use of a Listing for the purpose of attempting to produce or producing any visual depiction of a Minor engaged in Sexually Explicit Conduct (a violation of 18 U.S.C. § 2251 / § 2251A), or for the purpose of arranging, soliciting, or attempting to engage in Commercial Sex Acts with a Minor or any other person, is prohibited. Any such conduct is a federal and state criminal offense and will trigger immediate suspension, evidence preservation, NCMEC and law-enforcement reporting under § 8.4, and full cooperation with law-enforcement investigation.
8.9 Trafficking-Signal Awareness
SetVenue encourages Hosts who opt in (and Guests) to recognize indicators of sex trafficking and to report to the National Human Trafficking Hotline (1-888-373-7888), the NCMEC CyberTipline, or local law enforcement. Reportable indicators include, without limitation: a Performer who appears unable to speak or move freely; a Performer who is accompanied by an individual controlling their movement, identification documents, or earnings; signs of physical injury, coercion, or fear; a Performer who appears to be a Minor or whose age cannot reasonably be ascertained; multiple unrelated guests using a single Listing for short repeat stays in a pattern suggesting trafficking activity; or any other circumstance that gives a reasonable person cause to believe trafficking, coercion, or exploitation may be occurring. This list is illustrative, not exhaustive, and reflects industry-standard signals used by the Hospitality, Travel, Retail, and Tourism Network (HTRTN) anti-trafficking training framework.
9. SetVenue's Facilitator Role
SetVenue is a marketplace facilitator and an operations platform. With respect to Adult Productions specifically, SetVenue:
- Is not a Statutory Producer, primary producer, or secondary producer of any content created at any listed property;
- Is not a financier, distributor, publisher, or rights holder of any such content;
- Is not a record custodian under 18 U.S.C. § 2257 or 28 C.F.R. Part 75;
- Does not review, approve, screen, or take editorial responsibility for any content created during a Booking;
- Does not derive revenue from the Distribution or display of any Adult Production output (SetVenue's revenue is the Platform Fee on the location-rental transaction, which is content-type-agnostic);
- Does not market, advertise, or hold out the Adult Production opt-in as a feature of the Platform — the opt-in is a compliance accommodation, not a marketing proposition; and
- Does not guarantee the legality, compliance, or quality of any Adult Production.
SetVenue's obligations are limited to the location rental transaction: operating the Platform, routing payments through Stripe, and providing the optional facilitation workflows described in the Terms of Service.
9.1 Right to Remove
SetVenue reserves the right, in its good-faith discretion, to:
- Revoke any Opted-In Listing designation if SetVenue determines the Listing is non-compliant with this policy;
- Cancel, suspend, or restrict any Booking related to an Adult Production if SetVenue has reasonable cause to believe the production is non-compliant with applicable law or this policy;
- Permanently terminate any account associated with a violation of this policy; and
- Flag the property address(es) associated with a permanently terminated account as banned from re-listing under any other account.
Exercise of these rights does not make SetVenue a party to any production or impose liability to the Host or Guest beyond what is provided in the Terms of Service.
9.2 FOSTA-SESTA Compliance Posture
SetVenue does not, and does not intend to, promote or facilitate the prostitution of any person within the meaning of 18 U.S.C. § 2421A. SetVenue receives no derivative revenue from the content of any Adult Production; SetVenue's Platform Fee is calculated on the location-rental transaction and is content-type-agnostic. SetVenue does not recommend, prioritize, or feature Opted-In Listings preferentially in search, recommendations, or marketing; the Adult Production opt-in is administratively neutral and is not used as a positive ranking signal in any algorithmic surface (see § 3.4). Where SetVenue obtains actual knowledge that a Listing is being used for prostitution, sex trafficking (18 U.S.C. § 1591), or any Commercial Sex Act, SetVenue will (i) immediately suspend the Listing and the associated accounts; (ii) preserve evidence; (iii) report to the National Human Trafficking Hotline and to federal and state law enforcement; and (iv) cooperate with any subpoena, warrant, or formal request consistent with the Privacy Policy law-enforcement-requests framework. SetVenue does not engage in willful blindness with respect to such conduct.
9.3 Damage Hold and Property Cleaning for Adult Productions
Hosts of Opted-In Listings may set a higher Damage Hold for Adult Production Bookings via Host Rules. The Damage Hold for an Adult Production Booking will be the higher of the Listing default or any Adult Production-specific Damage Hold the Host has configured. Higher Damage Holds account for the heightened risk of property damage and cleanup costs associated with Adult Production set-strikes.
Following any Adult Production Booking, the Guest must restore the property to commercial production-cleanup standard, including (i) removal of all production materials, set dressing, fluids, and biohazard materials; (ii) disinfection of all surfaces with biohazard-rated disinfectants; (iii) disposal of any used personal-protective-equipment, condoms, dental dams, or single-use materials in accordance with applicable biohazard-disposal regulations under Cal. Code Regs. tit. 8 § 5193.1 and any analogous state-law equivalents; and (iv) restoration of the property to its pre-Booking condition. Cleanup costs in excess of the standard cleaning fee may be deducted from the Damage Hold per the Dispute Resolution Policy.
10. Reporting Violations
To report a suspected violation of this policy — including any Adult Production at a non-Opted-In Listing, any allegation involving a Minor, suspected prostitution or sex trafficking, or suspected § 2257 non-compliance — contact:
- Email: legal@setvenue.com
- In-app: Use the "Report" link on any Listing, Booking, or user profile.
- Urgent safety matters: Contact local law enforcement first, then notify SetVenue at legal@setvenue.com.
- NCMEC reports: SetVenue submits direct reports to NCMEC per 18 U.S.C. § 2258A on any "apparent violation" of §§ 2251, 2251A, 2252, 2252A, 2252B, or 2260 (the statutory reporting trigger; see § 8.4(b)).
- Trafficking reports: Reports of suspected sex trafficking may also be made to the National Human Trafficking Hotline at 1-888-373-7888.
SetVenue reviews all reports in good faith. For any report involving an apparent or credible allegation that a Minor participated in an Adult Production, SetVenue will act without delay regardless of investigation status.
11. Modifications and Contact
SetVenue may update this policy at any time. Material changes will be communicated to Hosts who have an active Opted-In Listing, by email to the address on their Account, at least thirty (30) days before the change takes effect. Continued use of the Adult Production designation after a material change takes effect constitutes acceptance of the revised policy.
Non-material updates (formatting, contact information, cross-reference corrections) take effect upon posting.
For questions about this policy:
- Policy team: legal@setvenue.com
- General support: support@setvenue.com
- Mailing address: Set Venue LLC, 6927 Willis Ave, Van Nuys, CA 91405
Related policies:
V7.3.2 Audit-Fix Pass Summary (informational, not contractual)
V7.3.2 audit-fix pass (2026-05-26) — mechanical CRITICAL / HIGH / MED findings from the 76-finding senior-counsel line-audit applied. Highlights:
- § 2 — Definitions expanded from 5 to 14 defined terms; added Sexually Explicit Conduct, Simulated Sexual Conduct, Nudity, Talent, Statutory Producer, Minor, CSAM, Commercial Sex Act, Adult Content, Distribute/Distribution; Performer redefined to track 18 U.S.C. § 2256(2)(A)(v) including lascivious-exhibition clause.
- § 3.2 — Penalty-of-perjury attestation softened to "good-faith certification, true and correct to the best of the Host's knowledge" pending Cal. Code Civ. Proc. § 2015.5 jurat infrastructure decision; added Roommates.com content-neutrality recital and Berkson / Sellers conspicuous-notice recital.
- § 4.2 — Misrepresentation enforcement recast with knowing/reckless mens rea; "automatic forfeiture" of Damage Hold replaced with preservation pending DR Policy assessment to address Cal. Civ. Code § 1671 liquidated-damages-penalty risk.
- § 4.4 — New clause: opt-in status disclosed only in Booking flow, not in public search / listing thumbnails / marketing.
- § 5.1 — Restated to track 28 C.F.R. § 75.1(c)(1) "Statutory Producer" / "primary producer" distinction + § 2257A cross-reference for simulated-only productions.
- § 5.2 — New "§ 2257 Posture" section (per user mandate) + operational-fact recital ("we do not touch the output") to lock in secondary-producer disclaimer.
- § 5.4 — New: operational-disclaimer recital (SetVenue does not collect § 2257 records, does not maintain inspection address, has no compliance officer).
- § 6.3 — Cal/OSHA citation rewritten to correctly describe Cal. Code Regs. tit. 8 § 5193.1 as bloodborne-pathogen standard (not "condom-use law"); added LA County Code ch. 11.39 (Measure B) and Vivid Entertainment LLC v. Fielding, 774 F.3d 566 (9th Cir. 2014); added Cal. Lab. Code § 2775 (AB 5) and Vasquez v. Jan-Pro; added "SetVenue is not an employer / multi-employer worksite" recital under Cal. Lab. Code § 6400.
- § 6.4 — FSC v. Paxton citation updated from docket No. 23-1122 to 605 U.S. ___ (June 27, 2025).
- § 7.2 — Added sexual-misconduct rider requirement (sexual-misconduct exclusion endorsement renders many policies effectively void).
- § 8.1 — Rewritten to track 18 U.S.C. § 2251 / § 2252 / § 2252A / § 2256 / § 2260 explicitly; "explicit content of any kind" replaced with statutory phrasing.
- § 8.3 — "Penalty of perjury" softened to good-faith certification; statute list at false-attestation paragraph expanded to name § 2251, § 2252 / § 2252A, § 1591, § 1594, and Cal. Penal § 311 / § 266h / § 266i.
- § 8.4 — Restructured into 8.4(a)-(e): (a) internal "credible allegation" suspension trigger, (b) statutory § 2258A "apparent violation" CyberTipline reporting trigger (lower than internal), (c) procedural-fairness reinstatement pathway, (d) permanent-ban-for-CSAM-confirmed rule, (e) § 230 reservation + FOSTA-SESTA Reddit / Twitter framework. § 2421A citation distinguished from § 1591 sex-trafficking citation per audit F-AP-1.14. Privacy Policy law-enforcement-requests cross-reference added per F-AP-2.08.
- § 8.5 — New (per user mandate): explicit prohibition on prostitution and Commercial Sex Acts citing 18 U.S.C. § 1591(e)(3), § 2421A, Cal. Penal § 266h / § 266i. The single highest-load-bearing missing clause.
- § 8.6 — New (per user mandate): "No intent to promote or facilitate" recital for § 2421A defense + no-marketing commitment.
- § 8.7 — New (per user mandate): "No minors on premises" clause (carve-out for guardians/staff and LE personnel only).
- § 8.8 — New: attempted-CSAM / solicitation-of-minor conduct prohibition (conduct + content, not just content).
- § 8.9 — New: industry-standard trafficking-signal awareness clause aligned with HTRTN framework; FOSTA-SESTA good-faith-design defensive evidence.
- § 9 — Added "no marketing of adult opt-in" commitment + § 9.1(4) re-listing flag; new § 9.2 FOSTA-SESTA compliance posture (no derivative revenue, no algorithmic preference, no willful blindness); new § 9.3 Damage Hold + commercial-production-cleanup standard.
- Terminology pass — primary feature-name "Adult Production"; statute-cited content category "Sexually Explicit Conduct"; "adult content" replaced with capitalized defined term "Adult Content" in operative sections; "filming" → "creation of the visual depiction" / "production."
Items resolved in V7.3.3 Sage-confirm pass (2026-05-26) — previously deferred TODOs now resolved in place with Joshua's recommended language under visible ⚠️ CAUTION blocks for Sage to confirm or redline:
- § 3.2 / § 8.3 — Resolved Option B: softened "good-faith certification, true and correct to the best of [the certifier's] knowledge"; § 2015.5 perjury framing rejected to avoid jurat-defect voiding under § 2015.5(b).
- § 4.2 — Resolved Option B: full ToS cross-reference ("ToS § 9 Damage Hold + ToS § 18 Indemnification apply without modification except as specifically modified in § 9.3 below").
- § 8.4(b) — Resolved Option B: Privacy Policy "§ 4.3 (For Legal, Safety, and Compliance Reasons)" reference with explicit renumbering-survivor clause (fixed in V7.3.4 polish — V7.3.3 erroneously referenced Privacy Policy § 5 which is the Stripe Connect disclosure, not the law-enforcement section).
The four ⚠️ CAUTION blocks remain in the operative text as a Sage-review checkpoint; if Sage agrees with each resolution, the CAUTION blocks may be removed in V7.3.4 finalization.
v5 Hardening Summary (informational, not contractual; superseded by V7.3.2 above)
Round-5 enhancements (over v4): Inline Bluebook citation at § 3.2 (Mavrix Photographs v. LiveJournal pin cite); V5 Drafting Commentary cross-references; cross-reference to V5 § 230 Doctrine Analysis.
Carry-over hardenings (v4 over v3)
- § 3.2 unchecked-by-default opt-in control explicit + full audit-log fields.
- § 3.2 ministerial-review recital (Mavrix Photographs v. LiveJournal defense — preserves user-stored vs. platform-stored distinction).
- § 3.4 no-search-ranking-penalty + no positive-ranking signal for opted-in Listings.
- § 4.2 consequences-of-misrepresentation enumerated (damage-hold preservation, indemnity, ban).
- § 5.2 SetVenue revenue is content-type-agnostic (no derivative-revenue argument).
- § 5.2 Free Speech Coalition v. Att'y Gen. citation.
- § 6.3 Cal/OSHA condom-use rules + performer-classification cross-reference.
- § 6.4 state-AVL (age-verification-law) "not subject" recital strengthened with operational rationale + FSC v. Paxton citation.
- § 8.4 procedural-fairness reinstatement pathway (avoids unilateral-termination unconscionability attack).
- § 8.4 Doe v. Reddit / FOSTA-SESTA cooperation-pathway recital.
- § 9 derivative-revenue clarification.