Friday, January 19, 2007

Whips and Chains?

The following question was posed on the Maryland State Bar Association's Small and Solo Practice listserv discussion group:
Hello List,

First let me start by saying I hope my question doesn't offend anyone but I wanted to hopefully find someone who could point me in the right direction. I had a potential client call today and ask me to draft a "Domination Contract." I had no idea what that was until the client explained that she has been requested to be a Dominatrix by someone else and she would like me to draft a contract outlining their "do's and don'ts" of their session or meeting I guess. I'm not sure what would really go into a "contract" of this sort.

Is this even legal? I am not sure where to start looking. I was going to try to type in interesting keywords in westlaw to see if anything popped up. If anyone can help me or point me towards a great source I would appreciate it.
Of course, the question that first occurred to me is: Is the "Dominatrix" an independent contractor or an employee? This has obvious income tax and FICA/SECA implications.

My second thought went to the Martin Mull song, some of the lyrics of which are as follows:
"Last night I took you out/And we began to hmmm...."

"Hmmm, hm-hm-hmmmm, hm-hm-hmmmm, hm-hm-hmmmm... pick up the soap... Hmm, hm-hm-hmmmm, hm-hm-hmmmm, hm-hm-hmmmm, ... mayonnaise and rope... Hmm-hmmm-hm-hm, whips and chains.... hmm-hmm-hm-hm-hm, Great Danes... hmm-hm-hm-hm-hm-hm-hmmmm-hmmmm, your wife!"
(Hat tip on the lyrics to Paul Shrug.)


Anonymous said...

The dominatrix would have to be an independent contractor, since the dominee is NOT exercising dominion and control over the dominatrix, but rather the converse. The dominatrix is definitely in charge of the timing of the delivery of services, probably brings her own tools and the dominee is, crucially, unable to discipline the dominatrix.

Steve Odem said...

There are a number of examples of this kind of contract available. Clearly, any such item should be tailored to the relevant state and local laws, and there are resources for related materials - including whips and chains ! ! !

BasiaBernstein said...

I've just applied to study a law degree and am in a very similair position. I've got savings from summer work and have been granted a scholarship, I'm still worried as to whether or not I'll have the funds to complete my degree...don't see my parents selling the house to help me out so I guess it'll have to be a part time job while studying for me. If you can do it I don't see why I can't.datst