Legal Corner

Question for a real lawyer
LVP 2 Reviews 8574 reads
posted

All these ladies and agencies have that disclaimer about age and the not for sex thing on their websites. I have to believe that wouldn’t hold up in a court of law. Why even bother to use it?

foo10605 reads

...you'll often find people use disclaimers and other legal documents even though they are useless in court.  Back when I was a software engineer, several employers insisted I sign non-compete agreements that was completely unenforcable.  They felt comfortable having that agreement in place, thinking it's covering their ass.

Likewise, disclaimers pop up all the time that are basically useless, but the person putting it on there thinks they're protected by it, or they think it can't hurt, so go ahead and put it there.

-- Modified on 2/25/2006 1:22:43 AM

If you want a real lawyer to answer, you probably will have to pay for it. :)

People do the disclaimers, because they think it might help and can't hurt. That it's money for time wouldn't stand up in a court of law. In this "hobby", everything is so formalized with tons of jargon, or "trade speak". With webpages talking about GFE and specific donation rates and review sites listing specifically what sex acts are allowed and what are not, and talking about ROBs and upselling, saying that the intent was not to trade sex for money wouldn't pass the laugh test for any jury or judge. Everyone knows what the abbreviations mean. There's glossaries that anyone can find with Google. Even if the lady swears up and down that sex was not involved, a judge or jury can still put 2+2 together.

I think the disclaimers are as silly as asking undercover officers, "Are you a cop?" It makes people feel better though it doesn't necessarily do a thing.

-- Modified on 2/26/2006 10:36:22 AM

The Law Doctor9688 reads

Disclaimers are only words for writing interpretation..defense.

Acts or Actions based upon these words or what a site or Ad implies.. can be prosecuted.

what I was asking the original poster was - regardless if the disclaimer does any good come a trial or other legal "need"... why not put it up? (shrug)

Of course acts and actions are what will get you into hot water.

Layers.
Some of us like layers of preventative medicine... even if some of it is folk-lore and old-wives tale.

So tell me, are you a cop? (lol...)
No?  Then get more comfortable!
My payment is for time and companionship only.

-- Modified on 2/27/2006 11:25:15 PM

I put the disclaimer on my site for courtesy reasons. If a child comes across my site, they can hit the back button before their mom catches them. My 12 yr old niece use to surf the net for britney spears and reach porn sites that showed graphic images to her 5 yrs ago and she come running out crying.

The "not for sex" defense can hold up depending on the girl. Some girls are only strippers and some only do massage in lingerie but won't touch the private area.  I have that disclaimer up on mine to remind the guy to be on his best behaviour while emailing me and going on our prescreen date but the police can cause trouble for anyone they want to.....

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