TERMS AND CONDITIONS

General Provisions

Paramour Collective, e.G. is a cooperative escort agency that operates a website under the URL www.ParamourCollective.com and administrates booking requests from clients on behalf of its worker-members.

All business transactions are conducted by Paramour under its own Terms and Conditions, and no other terms and conditions apply unless Paramour has given prior written consent.

These terms and conditions govern the relationship between:

Paramour Collective, e.G., and all future subsidiaries (hereafter “Company”)

Worker-members of Paramour Collective (hereafter “Escort”)

Clients of worker-members of Paramour Collective (hereafter “Client”)

www.ParamourCollective.com (hereafter “Website”)

Legal basis

Paramour provides promotion services pursuant to the Handelsgesetz.

Sexual services and their brokering is governed by the Prostitutiertengesetz and the Prostituiertenschutzgesetz.

Consent is governed by Strafgesetzbuch § 181a (Zuhälterei) and § 177 (Sexueller Übergriff; sexuelle Nötigung; Vergewaltigung).

Data protection is governed by GDPR.

§ 1 Duties of Paramour to the worker-member (“the Escort”)

(1)   Paramour organizes personal promotion and client bookings for the Escort. This includes, in particular, a profile on the agency's website. Paramour undertakes aggressive and constant advertising on behalf of the Escort with the hope of providing them with enough bookings to constitute a comfortable income whenever possible.

(2)   Paramour shall provide a Safecall service, checking in with the Escort twice during the date: once at the expected time of arrival with the client, and after the date. If the Escort has not reported after 30 minutes after the scheduled end of the date at the latest, Paramour will implement the safety protocol specified by the Escort in their intake documentation.

(3)   The Escort is a freelance service provider. As such, they are not subject to the instructions of Paramour in the performance of the assigned activities. The contracting parties agree that the Escort, as a freelance company (Einzelunternehmer[in]), shall be responsible for their own social security contributions, insurance, and taxes, and all other obligations of a freelance person.

(4)   Paramour may not determine the place, time, extent or other circumstances of the practice of prostitution or take measures to prevent the Escort from giving up prostitution, as laid out in Strafgesetzbuch § 181a (Zuhälterei).

(5)   Paramour shall design an Internet presence for the Escort on its website in the form of a profile page. The content of this profile shall be dictated by the Escort in their information form. This includes the selection of photos to be published.

(6)   Paramour is responsible for all expenses related to advertising and photography, as well as all expenses relating to the maintenance of the business in fine fettle and good legal standing.

(7)   After checking the Escort’s availability and interest, and upon their instruction, Paramour accepts booking requests from potential clients and forwards them to the Escort. The Escort shall check each inquiry forwarded to it by the Company with regard to the dates of the appointment and confirm or cancel the appointment with as much time sensitivity as possible.

(8)   Appointment commitments shall be confirmed to Paramour by telephone, text message or email. In the event that the Escort accepts a booking request, the Company shall coordinate the details of the meeting and subsequently forward the necessary information on the location, time and client to the Escort by email. The receipt and the content of the email (booking confirmation, receipt) shall be confirmed by reply to this email.

(9)   Both parties acknowledge that the booking process in the industry can move quickly, so in the event that the confirmation is not received within 24 hours, the Company may forward the request to another escort.

(10)                  Paramour processes payments from the Client (including deposits) and transfers the percentage due to the Escort within 24 hours of the scheduled conclusion of the date.

§ 2 Duties of the Escort

(1) The Escort affirms that they are fully capable of conducting business and that all personal information provided by them is true. They further affirm that they have valid permission to work in Germany.

(2) The Escort shall be reachable within their pre-agreed reachable hours and will respond to booking requests in a timely manner. They will inform Paramour in advance about any planned prolonged interruptions to their availability—such as vacations or medical leave—by email.

(3) The Escort must register as a prostitute with the authorities in accordance with the Prostitution Protection Act. They shall submit the registration and certificate of health consultation (Gesundheitsberatung Bescheinigung) to the Company until such time as this law is abolished. The Company shall store these documents with all due consideration as highly sensitive data.

The Escort will renew this registration and provide updated documents as required by law (for the registration, every 2 years for workers over 21; for the health card, ever year), so that there is no interruption of their legal status, and therefore, their availability.

(4) When accepting bookings abroad via Paramour, the Escort is responsible for obtaining all permissions and registrations necessary according to the laws of that country. Paramour shall not be held liable if a worker violates the laws in the country in which they are working.

(5) The Company does not offer bookings for services that are illegal in the country in which the booking is held. If the Company is asked to arrange a booking between the Escort and the Client that takes place in a country in which sex work is illegal, the Company expects that no sexual services will be exchanged for money during the course of that date. If the Escort violates local laws without the knowledge of the Company, it may not be held liable.

(6) The Escort must comply with Company’s Internal Statutes (available in internal documents). In particular, in order to preserve the reputation of the Company, and in so doing, their own income stream and those of their fellow workers, the Escort undertakes to be reliable and punctual. The Escort understands that any behavior that violates these statutes is grounds for removal by the General Assembly.

§ 3 Duties of the Client

(1)   The Client is responsible for only requesting a booking with the Escort through the Company when the Client has both the financial and logistical availability to complete the appointment.

(2)   Booking fees are payable via either IBAN transfer or cash. Booking fees are listed on the Paramour website profile of each escort. The fees listed on the Website shall be considered the final fee. Fees listed on other websites shall not take precedence.

(3)   The 19% deposit required at the time of booking shall be considered a booking fee and is not refundable under any circumstances.

(4)   The Client may cancel a booking up to 48 hours before its scheduled start time for a legitimate, unavoidable reason (including but not limited to infectious illness, force majeure). The Company reserves the right to obtain from the client evidence of the existence of legitimate grounds. Failure to provide this evidence may result in withholding of any refund until such time as evidence has been provided. In this case, the Client may receive a refund of 81% of the full fee if it has already been paid. The 19% deposit is non-refundable.

(5)   If the Client cancels a booking less than 48 hours before its scheduled start time, the Client is liable for 100% of the expected booking fee as listed on the Escort’s profile page. In this case, the booking fee must be paid to Paramour within 24 hours of the scheduled start time of the date. If the grounds for cancellation affect the Client’s ability to submit a payment, the Company may extend this deadline at its discretion.

(6)   If a client does not keep a confirmed appointment, they are obliged to compensate Paramour for any and all expenses incurred.

(7)   The Client must not violate the consent of the Escort, as per Strafgesetzbuch § 177
Sexueller Übergriff; sexuelle Nötigung; Vergewaltigung (https://dejure.org/gesetze/StGB/177.html). If this law is violated, we will act accordingly.

(8)   [In cases of misconduct, the Client waives all rights to the protection of their personal data, pursuant to GDPR article 6[1] c-f.

(9)   If the Client violates the consent of the Escort or engages in any conduct that Paramour deems unacceptable, they consent to have their data shared with the entire sex working community. The Client further understands that all such violations will be reported to the relevant authorities and will be prosecuted to the fullest extent of the law.

(10)                  In cases of reasonable suspicion of an STI, Company shall request a negative test result. If no negative test is provided, Client waives all rights to the protection of the Client’s personal data, in accordance with GDPR article 6[1] c-f. Reasonable suspicion can include an outbreak in Client’s geographic location.

(11)                  The Client may not record (via audio, photo, video, or any other means) sessions with the Escort unless a separate release agreement has been signed by both Client and Escort.

(12)                  The Client acknowledges that all personal data of the Escort fall within a special category of sensitive data as defined under articles 4 and 9 of the EU GDPR. The status of the Escort as a sex worker is sensitive; the Client may not out or dox the Escort. The physical location of the Escort, such as hotel room or address, may not be shared for any reason whatsoever.

(13)                  The Company does not offer bookings for services that are illegal in the country in which the booking is held. If the Company is asked to arrange a booking between the Escort and the Client that takes place in a country in which sex work is illegal, the Company expects that no sexual services will be exchanged for money during the course of that date. If the Client violates local laws without the knowledge of the Company, it may not be held liable.

(14)                  The Client is responsible for educating themself about what is legal when meeting in a country other than Germany or a city other than Berlin. If consequences occur after a violation of local law, the Client may not hold the Company liable.

§ 4 Photography

(1)   The Escort shall maintain complete control over how they are depicted on the website. A photo shoot with Paramour’s photographer is highly recommended so that there is continuity on the landing page of the website; however, beyond this, the escort may choose their own images. High-quality images are strongly preferred. With the consent of the Escort, Paramour will organize a photo shoot with its photographer and bear all the costs of this shoot.

(2)   If the Escort cancels a pre-confirmed photo shoot with less than 48 hours’ notice, the Escort may be liable to reimburse Paramour for any non-refundable costs incurred.

(3)   A photo shoot day will take place every 4 months. If the Escort wants to have new photos taken, Paramour will offer a slot on this shooting day if there is availability after prioritizing the shoots of new members.

(4)   Such extra photo shoots will be given with priority to members whose appearance has substantially changed, especially to trans* members in transition.

(5)   If the Escort’s appearance changes substantially between photo shoots, they are responsible for providing Paramour with up-to-date images.

(6)   After a photo shoot, the Escort will receive the selection of the photographer. If the Escort is not satisfied with at least 5 of these images, they will have access to the photographer’s full range of image files captured, and they will select their top 5. No photo will be posted without the approval of the Escort, either on the Website, social media, or other location.

(7)   The Escort reserves the right to request that identifying features, such as face or tattoos, be blurred in any published version.

§ 5 Image rights

(1)   By signing off on photos, the Escort has provided the Company with permission to use these images both on its website and on social media, print advertising, and for any other PR purposes.

(2)   The Escort’s consent shall be obtained before using images for large advertising campaigns or in press.

(3)   The Company shall contract with its photographer for the copyright of photographs of the Escort whenever possible.

(4)   If this is not possible, or if the photographer wants to use images of the Escort for their promotional materials (such as portfolio), the Company undertakes to arrange a release form specifying each image used and each purpose.

(5)   The Escort may use these image files for their own website, social media, or other advertising. When doing so, they must credit the photographer and link to the Company and its Website.

(6)   If the Escort withdraws from the agency, any individual photos of them will be removed from any and all online platforms within 2 weeks of the effective date of the termination unless the Escort gives the Company permission to continue to use their image.

(7)   Rights to group photos are owned collectively by all individuals portrayed. All members must give approval for the photo to be used.

(8)   The Escort may revoke permission for the use of any of their individual photos at any time.

§ 7 Distribution of fees between the Escort and Paramour

(1)   If the Escort completes at least 6 hours of volunteer work for the Company per week, the Escort shall be entitled to 93% of each booking fee paid by the client. The collective will retain 7%.

(2)   If the Escort does not volunteer, they shall be entitled to 81% of each booking fee paid by the client. The collective will retain 19%.

(3)   If the Escort volunteers, they must log their time on the Volunteer Spreadsheet.

(4)   The Escort’s percentage shall be reviewed quarterly. If they are found to not have completed an average of 6 hours/week, their percentage tier will be switched. If this is the case, the Company must notify the Escort.

(5)   The Escort may change their percentage tier at any time. Notice is not required, so long as they finish the volunteer tasks they have committed to.

(6)   The Escort acknowledges that volunteer labor is freely given, and understands that it does not constitute employment; as such, the Company is not obliged to provide benefits that would apply to an non-freelance, employment relationship.

(7)   The ideal procedure is as follows:

a.     Upon confirming a booking for the Escort, Paramour requests a minimum 7% deposit from the client, to be transferred electronically to Paramour’s bank account.

b.     The booking takes place, and the client pays the balance, either electronically or in cash to the Escort.

c.     Paramour retains either 7 or 19, according to the Escort’s volunteer status that month. If funds remain, these will be transferred to the Escort within 1 working day.

d.     Paramour will provide the Escort with all required invoices to document the exchange of funds in a timely manner.

(8)   The Escort shall notify the Company of their tax number and/or VAT identification number at the beginning of their working relationship. The Escort must notify the Company of any change.

(9)   The Company and the Escort shall mutually authorize each other to process transactions in accordance with the procedure specified above, including any data required to do so.

§ 8 Termination

(1)   The Escort agrees that the Company may securely store their personal data internally for the purpose of fulfilling its contractual and legal obligations. The Company shall use these data exclusively within the scope of its professional promotional activities.

(2)   This Agreement shall enter into force upon signature by both Parties and shall be valid for an indefinite period of time.

(3)   The Agreement may be terminated by the Escort in writing at any time. Notice is strongly preferred.

(4)   If there are already confirmed bookings for the period after the termination of the contract, the Escort shall indicate in the notice of termination whether it will continue to execute them. The terms and conditions of this contract shall continue to apply to such bookings until their completion.

(5)   If the Company desires to break this contract, it must bring its grounds to the next General Assembly in accordance with the Company Statutes.

(6)   Upon the departure of the Escort from the collective, their share price and any outstanding payments are returned as specified in the Company Statutes.

§ 9 Treatment of Confidential Information, Data Protection, and Secrecy

(1)   The Escort undertakes to use all information--including passwords, documents or other materials--which it receives from the Company or from third parties--exclusively within the framework of this contract and for the fulfillment of their bookings with all due confidentiality. After termination of the contract, they shall return all documents or aids, etc. to the Company.

(2)   The Escort is prohibited from processing, disclosing, making accessible or otherwise using personal data of which it gains knowledge within the framework of the contractual relationship and the individual bookings outside of the contractual relationship and the individual bookings. The obligation shall continue after the termination of the cooperation. This includes the personal data of clients, fellow members, and employees of the Company. Specifically, the Escort may not disclose the status of any Client as a client of sex workers, or the status of any Escort as a sex worker. We do not dox or out.

(3)   Furthermore, the Escort undertakes to maintain secrecy about all matters and processes of which it becomes aware in the course of its activities, in particular business and trade secrets, both with regard to the Company and with regard to clients. Any information not already in the public sphere shall be considered privileged and may not be shared.

(4)   The obligation to maintain secrecy shall also apply to the time after the termination of the cooperation with the Company.

§12 Final provisions

(1) Changes or additions to this Agreement must be made in writing.

(2) Should any provision of this contract be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a provision that comes as close as possible to the objectives and spirit of this agreement.

(4) This brokerage agreement is subject to German law. The exclusive place of jurisdiction is Berlin.