BDSM Contracts
What is a BDSM Contract?
A BDSM contract is a written and signed agreement between a D-type/s-type or a Top/bottom that establishes expectations, boundaries, safewords/safety, protocol(s), and aftercare for a scene or dynamic.
Specifically, contracts might include things such as:
submissive will refer to the Dominant as Ma’am in all settings.
slave will ask Mistress for permission prior to masturbating and provide photos of genitalia upon conclusion.
Sir will not take on another s-type for the duration of the dynamic.
Master will tend to the wounds incurred by the slave following the closing of a scene during aftercare.
pup will not be allowed on the furniture unless allowed by the Handler
Daddy will determine babygirl’s underwear for the week each Sunday evening.
Safewords during scenes will be as follows: Green means “continue, no issues”; yellow means “approaching pain tolerance/getting close to orgasm”; and red means “full stop - release applicable restraints, discuss if scene will continue”.
In other words, a BDSM contract is the culmination of negotiations between trusted parties and includes equal input and consent from all involved. These contracts can also be a means of providing informed consent with regards to health, conditions, and STIs.
Are BDSM contracts legally binding?
A BDSM contract is not a legally binding contract. BDSM contracts are seen as “extralegal” contracts and are not legally enforceable - meaning they can be broken by any of the involved parties without a legal process.
This is partly because of the unwillingness of the courts to get involved in matters of the bedroom, but also because of the legality of BDSM in many jurisdictions. As of 2014, no BDSM contracts have been brought before a court for dispute in the United States, according to the Harvard Law Review.
A BDSM contract also does not provide legal protection in the event one of the parties is seriously injured, maimed, or killed as the result of a scene. In the case of Doe v. Rector and Visitors of George Mason University, the District Court for the Eastern District of Virginia ruled there is “no Constitutional right to engage in BDSM” regardless of consent.
However, a BDSM contract can provide a defense in the event an aggrieved party files a civil action against another, but there are no guarantees the court will find in favour of the defendant.
How do I write a contract for a BDSM power dynamic?
A contract will look differently for each couple, so we won’t tell you how to write one. But if you're wondering where to begin, try starting by discussing the following topics with your partner:
Do I have to have a contract in order to be in a power dynamic?
No. Contracts are optional and not a requirement to be in a power dynamic.
Just like BDSM dynamics, contracts can be simple and concise for a scene, or they can be complex and detailed. Contracts are particularly useful for dynamics that involve concepts of ownership or Total Power Exchange (TPE), such as with a “lifetime” or “slave” contract.
It’s important to note that the extent of a BDSM contract is entirely at the discretion of those involved and can be broken by any party at any time. As we’ve mentioned before, the dynamics of your kinky relationship are totally up to you and your partner.
