What Can We Learn From Sex NDAs?

These days, if you want to hook up with a celebrity, you better have your attorney on the ready to review the non-disclosure agreement (NDA) standing between you and night of romance. High profile men and women alike are requesting their paramours to sign NDAs intended to protect the celebrity and silence their lovers as to their encounter.

So, the big question is, are these NDAs enforceable in Florida?

In Florida, probably not. An open question, as I see it, is consideration. We’re all familiar with the concept of consideration as required to create a valid contract requiring value (something bargained for) exchanging hands from one party to the other. In Florida, sex cannot be the “consideration” in a contract. Florida has statutes where non-married people (to each other LOL) cannot buy, sell, offer, solicit, or agree to engage in sexual favors in exchange for money (New York, not so much). Florida’s law against prostitution applies to both prostitutes and the “johns.”

In business NDAs, the consideration is money in exchange for silence, often to protect trade secrets. However, in a pre-sex NDA the consideration isn’t money, the consideration is the fact that the celebrity wouldn’t have sex with someone unless they sign the DNA. This brings us back to the Florida anti-prostitution laws.

What about the NDAs routinely passed out at celebrity parties, usually before someone walks through the door? Are these enforceable?

Again, the first or second line in every contract is, “in return for valuable consideration.” What is the consideration? The celebrity isn’t giving out money to his guests (where can I get the invite LOL), they’re claiming their mere presence is the consideration. This will probably not hold up in Court.

Regardless of their legality, NDAs exert a certain amount of power and are most often used as a deterrent. It’s hard to know exactly how valid these agreements are as very few NDAs find their day in Court. Suing a violator of an NDA essentially defeats the purpose of the agreement; the document becomes public as does the activity the celebrity wants hidden LOL. However, a well drafted arbitration clause in the NDAs can avoid a court record….you gotta know your way around these documents LOL

So, we learn that if you find yourself at a party where they take your phone and make you sign an NDA, text me the address, JK! If you find yourself holding an NDA and you haven’t had an attorney look it over, you may be getting into something. It’s always a good idea to have an attorney review any contract where you’re giving up your rights (even if it’s lookin’ like it’ll be a good time with a celebrity).