I know many providers offer to enter into NDAs to provide more comfort regarding confidentiality. For those of you who have used them, is the provider using their real name to enter into these? I don’t see how they would be enforceable without real names being used by both parties.
Any thoughts would be appreciated. Thanks!
cannot be used to protect illegal activity or prevent the disclosure of illegal conduct
It's best to discuss this with an attorney. NDAs are almost always used in an employer-employee relationship.
See the link below.
Pushing back on this. Very common for vendor/customer in the tech arena where the product the vendor sells involves PII from the customer.
but, first off, agree with the other post, no protection is likely to be provided. As far as the name goes, I'm not sure that really matters as long as that can be clearly tied back to the provider so you can make the claim of a valid contract (meeting of the minds existed) between two contracting parties -- a bit like a DBA name situation. Not the best approach but also not completely invalid.
First and foremost, you do not know "many providers that offer to enter into NDAs." You are speaking hocus pocus mumbo jumbo.
"An NDA cannot legally cover or enforce illegal activities, as contracts that involve illegal actions are void and unenforceable. Non-Disclosure Agreements (NDAs) fall under contract law, which governs the legality and enforceability of agreements between parties."
My thoughts are that if you are that worried about your confidentiality then don't pay to get your dick sucked.
Stay sane and stay safe,
Scarlet
First and foremost, you do not know "many providers that offer to enter into NDAs." You are speaking hocus pocus mumbo jumbo. ...
you should ask President Trump how his NDA turned out with Stormy Daniels.
Each state has specific laws that will govern an NDA. If you are seriously considering it, I would suggest you consult a business attorney to draft one that is enforceable in your state. Yes, she will have to sign her real name for it to matter and you should ask to see her ID to verify.
As far as enforcement, you are going to be acting after the fact. Meaning, you would have to show that she violated the NDA and caused harm. Then monetize that harm and file a lawsuit for damages. Then collect, should you win.
If you are truly concerned for your identity. I recommend you either find a few providers you can see regularly who you trust. Or, stop participating in the hobby.
There are NO states in the US that will enforce an NDA if you are participating in illegal activities, which is what we are doing. None. Zero. Nada. Not a thing. There are no states where this in enforceable, this is silliness. In states where solicitation is a felony (I am looking at you Texas, but there are also situations in Ohio and North Carolina where it is also a felony!!) you as the client will actually be in much more hot water for even attempting this game of fuck around and find out. Just....don't.
Adultery is still illegal in many states, but that doesn’t stop a mistress from entering into an NDA with a married man. I would think a good lawyer could craft an NDA between an escort and her client that would pass legal muster. The non-disclosure would focus on the existence of a relationship between the two without mentioning the fact that it was a pay to play relationship.
I hate to ever give CDL credit for anything, but if the freakin president of the United States of America could not finagle what you are describing, it is not going to happen. You cannot write a NDA to cover for illegal activity, which is what you are suggesting. If a NDA would work for illegal activity every drug dealer would have the buyer sign one before an eight ball exchanges hands.
And I hate to break it to you, but if adultery is illegal in the state you reside (there are a total of 15 states where adultery is still illegal) a NDA in those states for a married man with a mistress would also be null and void.
I really appreciate the mental gymnastics everyone is doing to make this work but the only solution is for you to get in contact with your legislator and indicate your support for the decriminalization of sex work. If sex work were decriminalized then YES, a NDA would be a valid contract. Until then, buyer beware.....
Just an interesting addition to the whole discussion I think.
AI Overview
While Non-Disclosure Agreements (NDAs) aim to protect confidential information, there are common exceptions that allow for the disclosure of information under certain circumstances, including when the information is already public, known to the recipient before the NDA, received from a third party, or in cases of public interest or legal necessity.
Here are five common exceptions to the non-disclosure requirements:
Information in the Public Domain:
If the information becomes publicly available through no fault of the recipient, it's no longer considered confidential.
Prior Knowledge:
If the recipient already knew the information before the NDA was signed, it's not subject to the NDA's confidentiality obligations.
Information Received from a Third Party:
If the recipient obtains the information from a third party who was not under a confidentiality obligation, the NDA doesn't apply.
Court Order or Legal Requirement:
NDAs may be overridden by court orders or legal requirements that necessitate the disclosure of information.
Public Interest:
In some cases, there may be a public interest in disclosing certain information, such as in cases of illegal activity, public health and safety, or government transparency. NDAs cannot be used to prevent the disclosure of information that is in the public interest.
Nope, The court actually ruled that the NDA was invalid. The money that Stormy owes the King is for legal fees for the legal fees related to her failed defamation case.
I'm not a lawyer but it seems to me that there is an inherent problem with the scenario you outline. The document isn't really being drawn up in good faith and obfuscating the facts, which are entirely different. Therefore, if one of the parties wants to "break" the NDA and say something to the contrary, thus outing each other, that the NDA's validity is worthless. For instance, if the Escort decides to say something outside of the original arrangement, can't she claim that the relationship described by the lawyer and signed by the parties was fabrication, and it was really a client paying the escort for her services. Sure, it may jeopardize the escort legally for being an escort but she wouldn't be liable for damages from the NDA as it was a piece of fiction?
Adultery is still illegal in many states, but that doesn’t stop a mistress from entering into an NDA with a married man. I would think a good lawyer could craft an NDA between an escort and her client that would pass legal muster. The non-disclosure would focus on the existence of a relationship between the two without mentioning the fact that it was a pay to play relationship.
Like I said, each state is different. And I did not review the Trump NDA case at all. I am not licensed in New York. In California, I will say the NDA is almost worthless unless the person leaking has assets to go after. Then it's more of a threat to cost you more than it's worth. As far as saying we had sex for money, sure, it's illegal. However, we have prosecutors that tend to only go after violent crimes.
Prostitution is considered victimless unless they can prove trafficking. If you are involved in that, you are probably in deeper shit than her leaking your name.
So, back to my point, the NDA is useless unless the escort in question is willing to honestly self-identify, provide actual ID to verify, and has assets that are worth threatening. Meaning, a broke escort can just file a bankruptcy or dodge collections for years. The reality is, if you are not willing to risk your ID getting out there, do not participate in the hobby.
I have had several in my 20+ years as an adult entertainer. You need real life information for any contract to be binding. I advise having several attorneys depending upon what you’re trying to accomplish. NDA’s serve a purpose. Privacy is a concern for many people. I have catered to many famous athletes & celebrates who respect privacy. Also, arrangements when I have had monthly arrangements it’s always best to have expectations written down, so both parties are not disappointed. Everyone here has different goals.
There are a few things that make it unique when dealing with you in particular. First off, this is not your only source of income. You also have family and friends that I am assuming you would also prefer not to know your private details. And, you probably have been smarter with your money. Meaning you have something to lose by breaking an NDA. Not to mention the complete pain in the ass it can be if they get the right (or wrong) lawyer.
I would argue that a majority of sex workers do not. And the bigger concern would just be the hassle not being worth the benefit. However, as we have seen lately, some girls are outting people on their social media even. I am not sure where they believe it would net a benefit for them. As I would never consider seeing anyone involved in that.
Since you have relocated, if you have not already, I suggest you talk to an attorney in Arizona as well to see what the ramifications of an NDA really are there.
