Sexting Agreements

I've started signing agreements with my sext partners. I know this sounds like overkill, but I think it's well advised.

I had a conversation several months ago with one of my quite brilliant friends. He studies law and he explained how a validly signed agreement between parties can create and establish legal obligations and duties between the parties. As long as these are legal (for example the parties don't sign themselves into slavery) they can be unforced or upheld in a court.

So I started to use them before sexting anyone or sending explicit material to anyone.

I generally use several standard clauses. The permitted activities clause states what activities can be performed under the agreement. It's not stringent as it allows other activities by agreement of the parties. There's the no recording allowed clause, which is self explanatory. The crucial clause is the copyright clause. Each party owns all rights to the things sent by them. Any leaks or unauthorised use would violate the agreement.

In the last section, the agreement clause stipulates that any agreement authorised by both parties must be written and signed.

Of course, the agreement varies between parties and their likes. I've signed one where the other party can take screenshots subject to the copyrights clause. The agreement also forbids total nudity.

Using the agreement is very helpful I think. We can point to the agreement and say that something is or isn't allowed.

Has anyone else tried it?

Comments

A "contractual agreement" = sexting agreement > copyright clauses utilizing "standard clauses" can still be misunderstood by the signatures. It might be legally binding in court, but what recourse exists when the contract has been violated? Would you file a civil lawsuit?
 
When I say I use standard clauses, I don't mean I use the standard wording of clauses. I mean that in all the agreements I've made, there are staple clauses -- clauses I use in all of them as a standard. They do sometimes differ depending on the circumstances.

As far as I'm aware, such an agreement is legally binding (in my jurisdiction). The sexting agreement functions more like an NDA/Confidentiality/Copyright agreement. Only one clause deals with consent and agreement to sext.

I think any breach of the agreement will give rise to a breach of contract claim. I think this can be settled either in or out of court.
 
I'm concerned about the ultimate damages. What damage occurs by breaching the agreement. If I desired "confidentiality", and the agreement was breached, what kind of compensatory declaration could restore my confidence. That is, my privacy and trusting nature cannot be restored.
 
I suppose in such cases, as in all other breaches of confidentiality and agreements, it comes down to a financial settlement. I don't think any compensation truly aims at reversing damage or restoring confidence, as in this case. It aims at making the damaged signatory feel better about it.
 

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daronluuke
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