Are BDSM Contracts Legally Binding?

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Are BDSM Contracts Legally Binding? 2017-01-12T02:50:17+00:00

Old Contract with wax sealYou will not be able to enforce a BDSM Contract in Court, not even if it’s written especially for you by your lawyer. The intention behind negotiating and signing a power exchange/kinky Contract is to define your relationship with one another, your goals, desires, boundaries and limits and to give moral binding authority to your arrangement.

The relationship must therefore be one of mutual trust, understanding and consent at all times (not just at the time of signing). The purpose of entering into the Contract is more to help guide your relationship. It enables both of you to clearly express what you’d like from the arrangement and what you expect from each other.

Please note you will never be able to take any BDSM contract to a court and make your slave/sub perform his/her duties and stay with you. This is because consensual slavery is not legally binding in any jurisdiction. The document holds moral authority within your relationship and within your BDSM community, if you are part of one. In other words, you are able to enforce a BDSM contract if the slave is still happy for it to stand. If they are not willing, your arrangement isn’t worth the paper it’s written on. Even if the termination clause prohibits the slave from terminating/cancelling, they can still walk away at any time.

If you would like your contract to have more moral authority, there are various practices you could try such having your signatures witnessed by a Notary Public, signing in your own blood and/or signing your contract during a collaring ceremony.

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One Comment

  1. […] by personal preference of my friend — notarized. However, if a contract is notarized, it does not mean that it is legally binding in any court of law; it is binding within the actual community but not outside of it. What is in the contract generally […]

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