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Contracts? - 2/6/2004 8:42:17 AM   
Voltare


Posts: 841
Joined: 1/1/2004
From: Santiago, Chile
Status: offline
I saw the thread started on an interesting topic on the ask a Mistress board, but thought I'd put it to a wider group. Look below for standard disclaimers.

Briefly, a 'slave' or 'service' contract (usually) refers to a document that outlines expectations and obligations in a Master/slave or Dominant/submissive relationship. The actual content varies widely, from outlining types of play to be included for a one night play session, to specifiying surrender of speech for a year, to acknowlegement that there will be piercing, branding, or tattooing, to clearly specified 'safe words' to a consent and release form to absolve the Dominant of financial damages in the event of mishap or accident during play (check your local laws, most states can and will pick up assault charges as consent is not a defense to criminal assault.) Additionally, most service contracts are not legally binding - one cannot legally 'submit' to being a slave for any period of time, as a slave/submissive is still protected (in most civilized countries at any rate) by their respective laws and constitutions.

In my own opinion, I don't care for contracts, per se, as I prefer relationships to be just that. If I choose not to marry my slave, I might see that appropriate powers of attorny are prepared so that she or I can act in a 'spousal capacity' for legal purposes, and if we are planning to engage in more edge type of play, or long term bondage/imprisonment (heavy corporal punishment, piercing, blades, etc) then together I might have her sign something to state that she is doing this of her own free and fully acknowleges the risks involved, just in case any number of accidents might occur (and pretending that accidents don't happen in BDSM is like sticking your head in the sand.)

I rely on verbal agreements on most M/s related matters. I don't make a woman sign on the dotted line that she's my slave for a year (try and enforce it in court? HA!) but I do discuss the specific expectations of the relationship on a few different occasions.

Contracts, like checklists, if they are used to facilitate communication are an excellent means of identifying needs and desires in a relationship. If contracts are used to replace honest, open discussion, then the potential for disaster is just as strong as if no communication took place. I wouldn't buy a car or house without first making sure it meets my needs - something as precious as another human life should be given the measure of consideration it deserves.

Stephan

DISCLAIMER: Everything you have just read in the big Georgia font is just my opinion. My answers are wrong. My way of living isn't right for you. If you need to be spoon fed the truth, don't come knocking on my door because my spoons are too big for the average mouth. Thank you for flying Voltare Airlines, and please clean the peanuts up on your way out.

_____________________________

http://www.vv3b.com/

"There is always some madness in love, but there is always some reason in madness." - F. Nietzsche
Profile   Post #: 1
RE: Contracts? - 2/7/2004 10:07:20 AM   
MistressDREAD


Posts: 2943
Joined: 1/1/2004
Status: offline
Befor I go any deeper into this subject I want to
make a comment about slavery in general and as it
relates to the written contratual and verbal
contractual emplimentation it can take on.

Jesus replied, I tell you the truth, everyone
who sins is a slave to sin. Now a slave has no
permanent place in the family, but can be of home,
but a son belongs to it forever. So if the Son
sets you free, you will be free indeed.
—John 8:34-36, NIV

Notice that Jesus has the slave living in the house,
albeit temporarily. We normally think of slaves living
in shacks out back. This points out a cultural ways back
to biblical points in history that even one We deem in Our
society now to be above what He himself practiced in His
own life.

The New Testament talks a lot about being a faithful
slave of Jesus Christ and about being, through Jesus’ grace,
an adopted son of God. is this reality or mixing metaphors?
The experts say Jesus owned slaves in his life so let me explain.

First off, the Greco-Roman institution of slavery was quite
a different institution from what you might think, especially
if your knowledge of slavery is derived mainly from American
history before 1865. The events in the New Testament took place
1,800 years before then and in a completely different part of
the world where even today slavery is an accepted form of living
as it is in most 3/4th of the world today both concensual and non
concensual and even still legal in way more countries then not.
Roman slavery corresponded most closely to contract employment
in our day. Slaves were hard laborers, educators, personal advisors;
they filled all occupational niches. Sometimes people sold themselves
into slavery in order to pay off debts (this situation is depicted in
the New Testament), and sometimes people saved up money to buy their
own freedom (Paul commended slaves who did this).
Slaves were legally part of the family, although on a secondary level.
The law required masters to provide their slaves with food, clothing,
and shelter nothing else and this is still practiced in most of the
world today. There were legal penalties for mistreating slaves
(although we might think them inadequate, they did exist). We
think of slaves living in leaky shacks in the fields, but in Roman days,
and up to today in many Countries across the face of the earth
slaves lived in the house with the family, but not permanently in
all cases, because if the master died, the family remained, but
the slaves had to go or be sold off to provide the family. If a
master fell on financial hard times, he had to sell the slaves;
and if he freed the slaves, he was legally responsible to make
sure that they could make a go of it in the world.
In America, a person entered slavery by being kidnapped in Africa
or china and shipped, chained to the deck of a ship, across an ocean
nonconcensually. Upon arrival in America, the slaves who survived
were carefully sorted out so that they had no language in common
with each other, except what broken English they picked up from
their taskmasters. This made rebellion impossible until their
spirits were broken. They were forced into hard labor under
conditions that are considered unfit for animals today, and in
many situations they were used for sexual purposes and prohibited
from forming family units. In the beginning, some slaves were
educated and were used as tutors of children, but as the social
implications were realized, that was changed. In sum states, it became
a criminal offense to teach a slave to read and write. Since
slaves were also a different race from most free people, it
was possible for fallacies of racial inferiority to arise,
which made the abolition of forced slavery a difficult
process that has had social ramifications that have lasted
until the present day. My Point here is that a written contract
of concensual slavery of ones being to another is very important
not just for those whom are the deemers and providers of such
but for the society as a whole to understand that this is a
desired Life of both parties and having this written statement
puts to words what each will expect and accept for theirselfs
as a free being choosing to abide with in this We call Alternating
Living.
Even tho We call this a Contract for slavery I feel it is not named
right and what it should be named is Contract for suplication and
total commitment of being. Contracts are upheld to the Laws of their
lands and if in Your land the law states that slavery is against the
law then it is and there for this law is what makes the contract null
and void however a contract that is written in a employment type of
concensual work atmophere with both parties stating whats to be expected
in this beings commitment and suplication and servitude is and has been
a contract that has been held up in courts in many countries. It is simply
a matter of scimatics and understanding Law and how the Laws are imposed
where You live. Keep in mind that there are many states and even Countries
that have Laws on the books that make it illegal to practice sado masochists
acts, have sex befor marraige, have same gender sex,or even have anal sex
even by concenting married couples.Even in the best of cases, consent
to have what the law regards as a crime committed against you does
nothing to excuse the perpetrator from prosecution. Take euthanasia for
example - despite a patient's wishes, and despite it clearly being in
the patient's best interests, it is still a crime to help end
someone's life even if they have a contractual liviing will. Does
having laws against these things no matter what area of life it covers
make them of no worth or stop those from taking part in the actions
concentually? No. Does it make all of these people whom break these laws
to as well wrong? Ha! Ill let You better answer that question! Id say
that whats important here is that what Honor and Integrity and Power
those whom sign the contract put on this Written peice of Paper hold and
remember that any written contract can and do serve many purposes and
not just the statement that one person is chooseing to become slave to
another which in their mind and for them is just as legally binding as
any Marraige licence out there. Slave contracts, while not legal documents
in sum laws of the land are still pieces of paper that people can bring
up later to demonstrate that the relationship did exist. Granted, this
evidence may carry little weight, but it can still be a factor. On the
positive side, it shows that a slave consented to be in the position
they were in and so may have a bearing on anything that comes up later
where consent was an issue. While this can not protect you from assault
charges (an assault is still an assault, regardless of consent), it
can help to differentiate between sex and rape. Remember though, just
as with rape charges in the vanilla world, if someone gave their consent
once, that does not prove they were giving it at the time of an alleged
offence. The negative side is that it forms a lasting piece of evidence
that you [at least intended to] do whatever is included within. Whether
it is with the consent or not of the slave, any prosecution against you
can no doubt make it look pretty damning and this is why many Dominants
do not beleive in a written contract for it can be used against them
ater on in life as life changes and can be used agaisnt them for many
issues and the contracts do actually tend to give the slaves more weight.
While we have been talking about the legal issues, it is worth considering
that they may often be the least of your worries. If someone sets out to
destroy your reputation, a slave contract with your signature at the
bottom if you are not a publically practicing Lifestyler can be as
damning as any other form of evidence of your kinkiness. Is it something
you want to risk having a copy of sent to your boss? Your children's
school? Your family? Your landlord? Your church? I think if those of
Us are willing to either ask for or give a Written Contract it goes to
say a lot about what each of Us involved is willing to give up in its signing.
In England, common law dictates that if you live with someone for six months
or more and contribute towards the upkeep of a property in some quantifiable
way (it does not have to be financial, it may be through domestic duties -
which often falls in to slave contracts) then you are entitled to a part
of the value of that property and even princess dianas servants sued her
estate after her tragic death for what they felt was their rights under it.
In the US, a nation that will happily take anything to court, people have
been sued for alimony in long term commitments or even after failed
engagements as the ditched partner felt that they had been 'promised'
a share of the other's future life and earnings. Ultimately, while the
contract is likely to have no particular legal value in sum places, it
does once again show intent, the existence of, and the nature of the
relationship. You are not likely to find yourself liable to anything
extra because of the contract but you may find it used to help pursue
whatever the other is already entitled to - or feels themselves to be
entitled to and in a concensual and opened dialoged beginning of a non
normal Lifestyle commitment this for now will just have to due till Law
catches up on the current practices and palets of the world as a whole.
Keep this one issue in mind, Safe, Sane, Consensual. The illigal non-
concensual slave trade of mostly Woman is a booming business by todays
standards which reaches into the 8 Billion dollar range annyally and
far surpasses both the illigal drug trade and the gun trade in the USA
alone not even addressing the rest of the world. What does that say about
the rest of this so called Moral Scociety that We live within whom
partake of a trade that partisapates in Human beings as commodities with
out concent? A contract states publically that all parties involve accept
what they are signing and writing out and are FREE WILLING PARTNERS in
their actions and beside the sentamental value I personally place on it
like any thing We commit Our lifes to We want sumthing viable to show that
yes We exsisted and this is who and what I am and have been.

(in reply to Voltare)
Profile   Post #: 2
RE: Contracts? - 12/24/2004 1:54:42 AM   
MistressDREAD


Posts: 2943
Joined: 1/1/2004
Status: offline

(in reply to MistressDREAD)
Profile   Post #: 3
RE: Contracts? - 1/17/2005 7:54:09 PM   
garylee


Posts: 38
Joined: 12/15/2004
From: from? iowa.....
Status: offline
i am guessing i may get yelled at......

but

i am under the belief that any s/m contract..in my eyes....is useless.
i feel if your word isn't any good,.......what good is the piece of paper?
i only believe in oral contracts......She says She is the Domme........
''i'' say i am the submissive.......
what more do ya need?
but then......i am merely solely domestic service slave......no sex- no play/ no emotional ties like lovey dovey stuff with all the trauma and drama.

it's just a garylee thing...k?
thanks
garylee


_____________________________

i see the world, i notice it is turning, as my guitar gently weeps.

(in reply to MistressDREAD)
Profile   Post #: 4
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