almost_anonymous

Advertises on BP. Searches turned up nothing, anyone have any thoughts/experiences?

that's one way to look at it, or you might think of it as a discussion of how business practices in this industry relate to the law. Not sure it's supposed to get anyone excited.

Another interesting issue raised by Georgiana Sweet, but I agree with canuckhooker. I think a contract can only be enforced through legal means, so I don't believe there is any lawful way to force someone to perform a sexual act against their will. Like most other breached contracts, the guilty party would merely have to pay. The amount would be open for argument, there are principle the court routinely uses to determine the amount. If pain and suffering/anguish could be proved (unlikely), then the harmed party should be entitled.

Definitely not an expert, learned out of necessity for my business. You are spot on regarding implied/assumed terms existing given the nature of a business, but I think they have to be universal in that all persons in that industry recognize them as assumed. The 'wink, wink' aspect of many of these agreements is, I think, a product of the desire for secrecy/discretion, but makes these agreements vague. I have learned the hard way that if you have an expectation, it is best that the agreement clearly address it or you may not be entitled to it. This way a meeting of the minds is ensured. If you are being coy and not clearly communicating your expectations, the other party cannot consider them and no one can say that there is a agreement to satisfy them. Again, I am extrapolating my business experiences to the discussion at hand, it might not fit, but the more similarities that can be drawn to other industries generally, the better the chance this industry will be treated like others.

What he said too, there is a big difference between having a claim and being able to prove it, particularly with oral contracts.

Very interesting discussion. IMHO, the issues raised by the OP are all addressed by the law of contract. People can enter into an agreement to do just about anything, subject to certain limits (I.e.: legality). It's a business like any other that doesn't require special rules; and as long as the terms agreed are clear to all involved, the parties can look to contract law to settle disputes. Parties can agree to buy/sell one's time or certain services (provided it is done outside the public space), the key is the clarity of the terms. If ymmv, so long as it's clear, then ymmv. If other conditions apply, then they need to be clear too. While the substance may be different, these are the same issues faced by anyone who offers a service to clients - it is very important to clearly set out the terms of service. Timing of payment is merely another term. In this context, the sellers not only appear to have the bargaining power to require payment in advance, it secures payment prior to the delivery of service (happens in other disciplines as well - call it a retainer). It's just a smart business practice, Otherwise, once service is delivered, there is no way to secure payment. This does not mean there is no way to deal with a breach of the terms of the agreement by the seller. If the agreement was for a service that wasn't performed (the breach), as suggested above a dissatisfied client could be compensated through the seller's voluntary decision to ensure the buyer's satisfaction (protect brand/reputation). Always the best solution. Otherwise, the buyer could seek to enforce the contract in the same manner as any other person - through the courts. Might not be appealing given one's desire for discretion/anonymity, but enforcing one's legal rights is a personal decision (you can lead a horse to water...). Sellers could enforce through the courts as well. I doubt it will happen anytime soon, but a judge holding up this type an agreement might serve to legitimize the practice in the eyes of the public and policy makers (see Harper's comments on prostitution in the throne speech).

nuff said, thanks

Does anyone have any info on Kim Dash ?