Both parties would have to give full real information. It leaves a paper trail and proves the encounter happened. Add that to the fact you must go public to enforce it and it may provide no real protection but may be used to prove wrong doing. Yougot a con. I don't see an upside.

Ladies & Gentlemen:

In lieu of recurring scandals and such, how attractive is a Non Disclosure Agreement between "friends"?
Naturally, contingencies would be in place to protect ones safety from abuse of any sort....

It would be very much welcomed to hear your thoughts (pros / cons).

Thank You.

Cheers,
Kasey




-- Modified on 6/17/2011 10:02:57 AM

I just went through a lengthy discussion on this for my business.  I'm not an attorney, but I studied the subject pretty thoroughly.

As a practical matter, it's just a piece of paper unless you're willing and able to legally pursue anyone that breaks the terms of the agreement.  So while honorable people will honor the terms of the NDA, they aren't the ones you have to worry about.  And if you're not willing to pursue the others, it has very little value.

Honor is the only thing that holds discretion in place in this game. Legal contracts have little baring on illegal acts. Outside of brothels in Nevada, this game is on the outside of the law. It would be tricky to enforce a  Non Disclosure Agreement with out going very public yourself and all the legal ramifications of doing so. It might not even be possible to do so.

I am not a lawyer so maybe I am wrong.

Thank you for your response.

The actual act of exchanging sex for money is in fact illegal. Under the gist of escorting (which is not illegal) or even one of those Sugar this or that relationship (we also know what that REALLY entails...) - would a NDA work?

Thanks,
Kasey

Kasey-  I agree with you.  I think it's a GREAT idea (PRO) and I don't see any CONS.  THe women come out of the wood works when they can get some attention. It's INSANE.

WE AGEE to DISAGREE!  It's all good.  My friend works for high end celebs and they also sign these types of disclosures.  It makes sense.  I wouldn't want some nanny coming out and tell TMX how I raise my kids or where I go to church, etc.  Make all the sense in the world.

I am a lawyer and I work with NDAs.
As others have said, they are only good if you're going to enforce them.  And enforcing means going public with the NDA and what was disclosed (okay, I suppose you can add a provision that enforcement would be via secret arbitration with everyone within 10 miles of the proceeding sworn to secrecy).

And what's the penalty for violation?  Monetary?  Can you collect?

Seriously, tho, NDAs are primarily business documents for legitimate, legal business situations:  Google wants to consider buying my software company, and it needs access to the books in order to make a bid.  Of course there's an NDA in place to protect the privacy of my records and to preven Google from using the info without my permission.  

But in this business?   No way.   An NDA does exactly what I don't want to do in the hobby -- creates a written record of my interchange with another person when what I (and I believe most other hobbyists) want is deniability -- that's why payments are made by cash, why providers don't use their real names, why "discreet" locations are important......

I'm quite certain you will get some informed responses over there.

Non-disclosure agreements are subject to interpretation and legally would not work, why? All non-disclosures are none null and void if the information is publicly available or when it becomes publicly available which, means you cannot advertise in any media or even talk to a third party about it.

If you can patent, trade mark or cop right your private parts, breasts, ass, etc., on the basis, it may avail you some protection as long as you do not advertise in any media and provide free access.

Decide for yourself!

Note: This is not BS. I read and execute non-disclosures for the business I am in. Rule of thumb is that one should have some property that will undue harm if it is disclosed or becomes public. Not lawyer but have had enough discussions on the subject with numerous attorneys.

Would only work if you don't advertise in any media, same rules applies. NDA = Non-Disclosure Agreement. What is unique you are agreeing Not-to-Disclose?

As Sheldon (Big Bang Theory) would say: Coitus? Everyone knows that does that!

I don't see it working at all.

When I disclose info to Giant Corp. under an NDA, they know that I can sue if they breach the NDA. They jeopardize their business, their reputation, their assets, etc.. Besides, they have other ways to screw me over without violating the NDA .  You know, like "Flash of Genius" (http://www.imdb.com/title/tt1054588/).

A celebrity nanny doesn't have deep pockets or a business reputation to protect (if she doesn't get another celebrity nanny job, she can work for NON-celebs or do something else).  However, she is hoping to get, perhaps, 6-figures from a tabloid newspaper for her story or more from a book publisher.  She stands to lose it all plus lawyers' fees if she breaches the NDA. (Of course, it happens all the time anyway and the nannies still probably come out ahead and the celebs love the free publicity anyway.)

In the case of your suggestion, there is no enforceable penalty for a breach. If you are still active, you despoil your rep and lose business ("so-and-so outed a client; stay away"). If you are comfortably retired, your assets still probably aren't worth pursuing in court and you'll still just have a bad rep ("so-and-so outed a client; if you're on her list from the past 10 years, better watch out!").  I don't even think the threat of going to jail for admitting to a crime ("I accepted money from client #9 in exchange for sexual services.") is much of an inducement as police and judges will just yawn at that or give you "community service".

As I see it, an NDA from your side provides the client no protection at all.

At USAFA, we all had to take some basic law classes.  One of the best examples involved an implied contract for services which were illegal.  It takes lawyers on both sides who are willing to avoid any direct reference to anything illegal, but can be done.  Though this is not a case of an NDA, I think you'll like it.

Gentleman spotted a hot looking lady and told his friend, loudly enough for the lady to hear, "I'd give $100 for some of that ass".  Lady replied that he was on.  Deed was done, money not paid, and she sued.

In court the defense argued that his client had erected a pumping system on plaintiff's property and had thus improved the property.

Plaintiff's attorney argued that yes, defendent had erected a pump for a short duration, but the pump had collapsed and was removed by dragging it through the bushes on the property, causing minor damages, and that the pump in question had not been sufficient to strike the desired depth in any event.

Judge ruled for the plaintiff.

If the purpose of an NDA is to keep your privacy, yet the only way to enforce one is to go to court, then what's the point?  You may say the point is you've already been outed, so why not?  But to me all you're doing is compounding the damage.  I can imagine the stories:  "Hooker Takes John to Court"  (or vice versa).  Sound like a  good idea?

In addition, there would be the need for real names and real contact info. That makes the whole thing a non-starter as previously mentioned.