Contract (BDSM)
Encyclopedia
In BDSM
, a contract is an agreement, usually written, between the dominant and submissive in a 24/7 or Total Power Exchange (TPE) relationship. It is the formal act of consent
to the power exchange.
Some are very formal and will detail exactly what is expected and can run for multiple pages. Others are as brief as a single paragraph. Either way, one is derived by negotiation
on the part of both parties. BDSM couples consider the contract to hold equal moral authority to a marriage commitment. As such, constructing a proper contract is very much like writing a pre-nuptial agreement.
for a résumé
. In a petition a submissive will make their plea to the Dominant and may outline why they are seeking to be in service to the Dominant. Generally not used with a relationship that existed prior to the contract, however, for a submissive who is in search of a Dominant, this feature helps to show professionalism and attention to detail. The petition should go into detail of your request, why you wish to be in service, your goals, and why you've chosen this Dominant specifically.
(e.g., "herein referred to as Master"), though it is in no way required. Couples who are concerned about the existence of a paper trail may consider omitting the names, or taking a pseudonym
.
, and may be in the form of a BDSM checklist that is included in, or attached to the contract.
or neglect
, or repeated violations of limits). If there is a safeword
that the submissive can use to end the contract, it is included here.
, but may serve as evidence of the parties' knowledge/intent, awareness and waiver
of risks, and more, in courts of law. For example, if a contract specifically states what a dominant has consent to do, and/or that a dominant may not permanently disfigure or scarify the submissive, it would allow a jury to differentiate between the acts which have been consented to and the disfigurement/scarification which have not, and impose a judgment accordingly.
Per one attorney specializing in BDSM issues, "consent" is a legitimate defense to assault in "most places" but, given the legal precedent of the U.K.'s Operation Spanner
case, consent might not be a valid defence in the United Kingdom
(but the U.K.'s case law
of kinky sex judgments after Operation Spanner is unclear, and exonerations may occur possibly depending on the specific "extreme sex" act, whether injury was due to recklessness [exonerations occurred] or "unpredictably dangerous" [conviction occurred as this phrase was used by a judge to describe the sexual activity, which many websites in a google search consider equivalent to "reckless"], or even whether the participants are married or at least heterosexual, or perhaps the judge's mood that day and which judge hears your case). In the U.K., even the one who consented to kinky smacking has been convicted for aiding and abetting in the "assault" upon himself in one homosexual case, but in other cases (heterosexual cases), the alleged victims were not even arrested for consenting to the "assaults".
In areas of the world where BDSM activities are illegal, contracts brought to light can be used to prosecute those involved in the BDSM lifestyle. In some countries consent is not a defense to assault, and a BDSM contract which gives consent may not protect a dominant from being charged with criminal activity.
BDSM
BDSM is an erotic preference and a form of sexual expression involving the consensual use of restraint, intense sensory stimulation, and fantasy power role-play. The compound acronym BDSM is derived from the terms bondage and discipline , dominance and submission , and sadism and masochism...
, a contract is an agreement, usually written, between the dominant and submissive in a 24/7 or Total Power Exchange (TPE) relationship. It is the formal act of consent
Consent (BDSM)
Consent within BDSM is an issue that attracts much attention in the field. Practitioners' interests are in ensuring appropriate consent for personal, ethical, and legal reasons...
to the power exchange.
Some are very formal and will detail exactly what is expected and can run for multiple pages. Others are as brief as a single paragraph. Either way, one is derived by negotiation
Negotiation (BDSM)
In the BDSM community, negotiation is a form of communication where participants make arrangements on each others' requirements, responsibilities, and limits to find the best possible agreement....
on the part of both parties. BDSM couples consider the contract to hold equal moral authority to a marriage commitment. As such, constructing a proper contract is very much like writing a pre-nuptial agreement.
Petition
The petition acts in the same manner as a cover letterCover letter
A cover letter, covering letter, motivation letter, motivational letter or a letter of motivation is a letter of introduction attached to, or accompanying another document such as a résumé or curriculum vitae.- For employment :...
for a résumé
Résumé
A résumé is a document used by individuals to present their background and skillsets. Résumés can be used for a variety of reasons but most often to secure new employment. A typical résumé contains a summary of relevant job experience and education...
. In a petition a submissive will make their plea to the Dominant and may outline why they are seeking to be in service to the Dominant. Generally not used with a relationship that existed prior to the contract, however, for a submissive who is in search of a Dominant, this feature helps to show professionalism and attention to detail. The petition should go into detail of your request, why you wish to be in service, your goals, and why you've chosen this Dominant specifically.
Names and Roles of Parties
Generally the opening portion of the contract states the names of the parties, and spells out what roles they play. Many reflect a degree of affected legaleseLegal writing
Legal writing is a type of technical writing used by lawyers, judges, legislators, and others in law to express legal analysis and legal rights and duties.- Authority :...
(e.g., "herein referred to as Master"), though it is in no way required. Couples who are concerned about the existence of a paper trail may consider omitting the names, or taking a pseudonym
Pseudonym
A pseudonym is a name that a person assumes for a particular purpose and that differs from his or her original orthonym...
.
Term of Service
The contract should define the period of service. Generally, beginning couples start with a one to three month contract. This allows for a couple to explore the confines of the relationship without an onerous lifetime commitment.Rules, Duties, and Goals
Each party should specify the rules and duties that are expected to be enforced during the contract period. This is also where the level of protocol is spelled out. The more detail agreed to ahead of time, the less likely misunderstandings will appear later.Limits
A contract will usually list the BDSM activities that the parties require or do not consent to. These are called limitsLimits (BDSM)
In BDSM, limits refer to those activities that participants in a BDSM scene feels strongly about, and to which special attention must be paid....
, and may be in the form of a BDSM checklist that is included in, or attached to the contract.
Termination Requirements
This section dictates who can terminate the agreement, and under what circumstances. Many contracts state that the Dominant may breach the contract at will, while the submissive can only terminate the contract under circumstances that are dictated within the contract (which may include non-consensual abuseAbuse
Abuse is the improper usage or treatment for a bad purpose, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, sexual assault, violation, rape, unjust practices; wrongful practice or custom; offense; crime, or otherwise...
or neglect
Neglect
Neglect is a passive form of abuse in which a perpetrator is responsible to provide care for a victim who is unable to care for himself or herself, but fails to provide adequate care....
, or repeated violations of limits). If there is a safeword
Safeword
A safeword is a code word or series of code words that are sometimes used in BDSM for a submissive to unambiguously communicate their physical or emotional state to a dominant , typically when approaching, or crossing, a physical, emotional, or moral boundary...
that the submissive can use to end the contract, it is included here.
Signature of all Parties
The act of signing the contract formalizes the existence of the relationship. Additionally, some contracts may include the signatures of one or two witnesses.BDSM Contracts and the Law
BDSM Contracts may not be binding in the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, but may serve as evidence of the parties' knowledge/intent, awareness and waiver
Waiver
A waiver is the voluntary relinquishment or surrender of some known right or privilege.While a waiver is often in writing, sometimes a person's actions can act as a waiver. An example of a written waiver is a disclaimer, which becomes a waiver when accepted...
of risks, and more, in courts of law. For example, if a contract specifically states what a dominant has consent to do, and/or that a dominant may not permanently disfigure or scarify the submissive, it would allow a jury to differentiate between the acts which have been consented to and the disfigurement/scarification which have not, and impose a judgment accordingly.
Per one attorney specializing in BDSM issues, "consent" is a legitimate defense to assault in "most places" but, given the legal precedent of the U.K.'s Operation Spanner
Operation Spanner
Operation Spanner was the name of an operation carried out by police in the United Kingdom city of Manchester in 1987, as a result of which a group of homosexuals were convicted of assault occasioning actual bodily harm for their involvement in consensual sadomasochism over a ten year period.The...
case, consent might not be a valid defence in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
(but the U.K.'s case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
of kinky sex judgments after Operation Spanner is unclear, and exonerations may occur possibly depending on the specific "extreme sex" act, whether injury was due to recklessness [exonerations occurred] or "unpredictably dangerous" [conviction occurred as this phrase was used by a judge to describe the sexual activity, which many websites in a google search consider equivalent to "reckless"], or even whether the participants are married or at least heterosexual, or perhaps the judge's mood that day and which judge hears your case). In the U.K., even the one who consented to kinky smacking has been convicted for aiding and abetting in the "assault" upon himself in one homosexual case, but in other cases (heterosexual cases), the alleged victims were not even arrested for consenting to the "assaults".
In areas of the world where BDSM activities are illegal, contracts brought to light can be used to prosecute those involved in the BDSM lifestyle. In some countries consent is not a defense to assault, and a BDSM contract which gives consent may not protect a dominant from being charged with criminal activity.