Sex NDA Template: Privacy Protection for Intimate Relationships
Sex NDAs protect relationship privacy when drafted correctly. Updated for 2026: TAKE IT DOWN Act (48-hour platform removal by May 2026) and DEFIANCE Act (pending House).
Relationship Privacy NDA Generator
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What Is a Sex NDA and Why Does It Work?
💋 What Is a Sex NDA?
A "sex NDA" is a nondisclosure agreement tailored to intimate relationships. In essence: "what happens behind closed doors stays behind closed doors."
The NDA signer agrees not to reveal private information — whether it's the fact of the relationship, the other person's identity, or details of the encounter. These agreements have moved from fiction (think Fifty Shades of Grey) to real-world use by celebrities, executives, and anyone who values discretion.
Who Uses Sex NDAs?
- Celebrities and public figures — protecting reputation from tabloid exposure
- Executives and professionals — keeping personal life separate from career
- Anyone valuing discretion — especially in casual dating scenarios
- Alternative lifestyle communities — BDSM, kink, polyamory practitioners
⚗ Are Sex NDAs Enforceable?
Yes — a well-drafted sex NDA is enforceable like any other contract. It must meet basic contract requirements and not overstep legal boundaries.
| Requirement | What It Means |
|---|---|
| Offer and acceptance | Both parties agree to the terms |
| Consideration | Something of value exchanged (mutual promises count) |
| Lawful purpose | Protecting privacy is legitimate |
| Voluntary consent | Not signed under duress |
How Enforcement Works
Most sex NDAs never see a courtroom. They're primarily deterrents — knowing "if I spill, I could get sued" makes people think twice. When enforcement is needed:
- Injunction — court order to stop further disclosures
- Monetary damages — compensation for harm caused
- Liquidated damages — preset penalty specified in contract
🌟 High-Profile Cases & Lessons
The $130,000 NDA had major flaws: Trump never actually signed it, the $1M per-breach penalty was excessive, and the saga became more famous than the secret. Lesson: Get all parties to sign, use reasonable penalties.
A 30-page NDA with $5-8M payment kept silence for years, but Uchitel later called it "abusive" and eventually spoke out. Lesson: Money doesn't guarantee permanent compliance.
Required house party guests to sign NDAs threatening $5M for any tweets or gossip. Lesson: NDAs as deterrents work — the threat alone keeps most people quiet.
The big lesson: Sex NDAs work best as mutual privacy protection, not as a hammer to hide misconduct. When used for basic discretion, they tend to be honored.
🛠 What Our Generator Creates
- Mutual or one-way NDA — Choose who needs protection
- Customizable scope — Define exactly what's confidential
- Media and recording controls — Specific photo/video provisions
- Non-disparagement options — With automatic abuse-reporting carve-outs
- Liquidated damages — Pre-set penalties courts will enforce
- Speak Out Act compliance — 2022 federal law carve-outs included
- Live preview — See the actual document as you build it
Key Clauses in a Sex NDA: What's Enforceable
✅ What You CAN Include
Confidential Information Definition
It's perfectly legal to agree that certain personal details will remain confidential:
- The fact that you two met or dated
- Any intimate activities you engage in
- Conversations, texts, emails between you
- Photos or videos taken privately
- Personal identifying information (addresses, workplaces, etc.)
Mutual Promises
A mutual NDA where both parties agree not to spill each other's secrets is legally sturdier and feels fairer. It inherently provides consideration on both sides.
Liquidated Damages (Within Reason)
You can include a preset penalty amount if the NDA is breached. However, the amount must reasonably estimate actual harm:
| Party Type | Reasonable Range | Likely Struck Down |
|---|---|---|
| Private individual | $5,000 - $25,000 | $500,000+ |
| Professional/executive | $25,000 - $100,000 | $1,000,000+ |
| Public figure/celebrity | $100,000 - $500,000 | $5,000,000+ |
Arbitration and Injunctive Relief
Arbitration clauses keep disputes private. Injunctive relief allows emergency court orders to stop disclosures in progress.
❌ What You CANNOT Include
Covering Up Illegal Acts
An NDA cannot be used to hide anything illegal. You cannot contract someone's silence about crimes, and you cannot contract away someone's right to report a crime.
Federal Law Restrictions
Speak Out Act (2022)
Pre-dispute NDAs cannot prevent discussing sexual assault or harassment. Applies retroactively to older NDAs.
Effective: December 7, 2022
EFAA - Ending Forced Arbitration Act (2022)
Invalidates pre-dispute arbitration for sexual assault/harassment claims. Victims can elect court instead of arbitration.
Effective: March 3, 2022
California-Specific Restrictions
SB 820 (STAND Act) & SB 331 ("Silenced No More")
Settlement NDAs cannot hide factual information about harassment or discrimination. Settlement amounts can stay confidential, but facts cannot be sealed.
Making Sex the Quid Pro Quo
Do NOT write the NDA such that signing is the "price" of sexual intimacy. Frame consideration around access to private time or information, not the act itself.
Good: "In consideration of being invited to Party A's home and personal life..."
Bad: "In exchange for having sex with Party A..."
💡 Tips for Maximum Enforceability
- Be Clear and Specific — Define exactly what's confidential. List categories explicitly.
- Make it Mutual — A two-way promise is legally sturdier and feels fairer.
- Offer Consideration — In one-sided scenarios, give something in return beyond just the encounter.
- Don't Overreach — Build in reasonable exceptions for therapists, attorneys, law enforcement.
- Use Reasonable Remedies — Justify your liquidated damages figure. Include arbitration.
- Mind the Law — Stay up-to-date on state laws. Acknowledge them in the contract.
- Keep It Professional — Use neutral terms and businesslike tone.
- Give Time to Review — Let the other party consult a lawyer. Document this.
Intimate Photos, Recordings, and Deepfake Laws (2026)
🚨 2026 Federal Law Updates
TAKE IT DOWN Act (Public Law 119-12)
Platforms must remove intimate images within 48 hours of receiving a valid removal request through their notice-and-removal process. Applies to both real images and AI-generated deepfakes. Criminalizes non-consensual publication with penalties up to 2 years (3 years for minors).
Signed: May 19, 2025 | Platform compliance deadline: May 19, 2026
DEFIANCE Act (S.1837)
If enacted, would create a federal civil cause of action for nonconsensual "digital forgeries" depicting intimate conduct. Liquidated damages: $150,000 (or $250,000 in specified cases), plus attorney's fees. Authorizes pseudonymous filing, sealing, and protective orders. 10-year statute of limitations.
Status: Passed Senate Jan 13, 2026 | Held at desk in House
What This Means For You
- 48-hour takedowns: After May 19, 2026, covered platforms must remove content within 48 hours of a valid request through their process
- AI deepfakes covered: Even if your face was digitally added to someone else's body, you have rights under both acts
- Federal criminal penalties: Publishers face up to 2 years (adults) or 3 years (if victim is a minor)
- Civil remedies expanding: If DEFIANCE Act passes, victims could elect $150,000-$250,000 liquidated damages plus fees
🐻 California Deepfake Laws
Civil Code §1708.86 (AB 621, Chapter 673)
Creates civil liability for creating or distributing sexually explicit deepfakes. Statutory damages: $1,500–$50,000 per violation; up to $250,000 if defendant acted with malice. Plus actual damages, injunctions, and attorney's fees.
Chapter 673 (2025) | Effective: January 1, 2026
Civil Code §1708.85 — Expanded NCII
Original revenge porn civil remedy now explicitly covers AI-generated content depicting identifiable individuals. Allows pseudonymous filing.
Penal Code §647(j)(4) — Criminal Revenge Porn
Misdemeanor to intentionally distribute intimate images without consent with intent to cause distress.
California provides state-level remedies that work alongside the new federal laws. You can pursue both state and federal claims.
🎥 Recording Consent: Why It's Complicated
Recording laws vary by state and context. Some states require all-party consent; others require only one party. But the rules differ depending on:
- In-person conversations vs. phone calls vs. video calls
- Whether there's a "reasonable expectation of privacy"
- Which state's law applies when parties are in different states
- App-specific terms of service (Zoom, FaceTime, etc.)
California: Two-Party Consent (Penal Code §632)
Recording a confidential communication without all parties' consent is a crime. This applies to in-person and phone conversations where there's a reasonable expectation of privacy.
Do not rely on a simple "one-party vs two-party" list. Use our interactive lookup to check the specific rules for your situation: Recording Consent Laws by State
NDA Recording Provisions
Regardless of state law, your NDA should include explicit terms about:
- Whether photos/videos are permitted at all
- Who retains ownership of any recordings
- Deletion requirements upon request or relationship end
- Prohibition on sharing without written consent
📷 Photo Consent Best Practices
Before Taking Photos
- Get explicit verbal or written consent
- Specify exactly what will be photographed
- Agree on storage and deletion terms
- Discuss whether faces will be visible
Protecting Yourself
- Consider avoiding identifiable photos entirely
- If photos exist, document your consent terms in writing
- Use the NDA to create clear liquidated damages for unauthorized sharing
- Keep copies of all consent communications
See our complete guide: Photo and Video Consent Guide
What To Do If Intimate Images Leak
🚨 24-Hour Leak Response Plan
⚠ If intimate images were just shared without your consent:
- Screenshot everything — Capture the post, URL, username, timestamp, any comments. This is evidence.
- File platform reports immediately — Every major platform has intimate image policies. Use their reporting tools now.
- Cite the TAKE IT DOWN Act — After May 19, 2026, covered platforms must remove within 48 hours of a valid request through their process. Many platforms already comply voluntarily.
- If it's a deepfake: Preserve evidence that it's AI-generated (metadata, visual artifacts, your alibi for when it claims to have been taken).
- If you have an NDA: Send a formal breach notice citing the specific clause violated and liquidated damages amount.
- Contact an attorney — For demand letters, emergency injunctions, or lawsuit preparation.
Platform Reporting Links
⚗ Your Legal Options
If You Have an NDA
- Breach of contract claim — Sue for liquidated damages specified in the agreement
- Emergency injunction — Court order forcing immediate deletion
- Attorney's fees — If your NDA includes a fee-shifting provision
Even Without an NDA (California)
- Civil Code §1708.85 — Damages + injunction for NCII (can file under pseudonym)
- Civil Code §1708.86 — Deepfake-specific civil remedy ($1,500-$250,000)
- Penal Code §647(j)(4) — Criminal charges (report to police)
- TAKE IT DOWN Act — Federal 48-hour removal (platforms must comply by May 2026)
- DEFIANCE Act (S.1837) — If passed, would provide federal civil remedies for deepfakes ($150k-$250k)
What a Demand Letter Does
A formal attorney demand letter:
- Puts the person on notice that legal action is coming
- Often triggers immediate deletion without needing a lawsuit
- Documents your attempts to resolve before court
- Can reference specific statutory penalties they face
Need Immediate Help?
Fixed-fee services for leak response and privacy protection.
Emergency Takedown Letter
Attorney-drafted demand letter citing TAKE IT DOWN Act and state law. Sent within 24 hours.
Get StartedFull Leak Response Package
Demand letter + platform reports + documentation package + 30-day follow-up.
Get StartedNDA Breach Demand Letter
Formal breach notice citing your NDA terms and liquidated damages. Escalation path included.
Get StartedCustom NDA + Red-Flag Audit
Attorney-drafted NDA tailored to your situation + audit of any existing agreement for unenforceable clauses.
Get Started📋 Evidence Documentation Checklist
Preserve this evidence immediately:
- ☐ Screenshots of the content (with visible URL and timestamp)
- ☐ Screenshots of the poster's profile/username
- ☐ Any messages or communications from the poster
- ☐ Copy of your signed NDA (if applicable)
- ☐ Proof that you did not consent to sharing
- ☐ Any evidence the image is a deepfake (if applicable)
- ☐ Records of when you first discovered the content
- ☐ Platform report confirmation numbers
Tip: Use archive.org's Wayback Machine or similar to create timestamped proof of the content existing online.
Sex NDA: Frequently Asked Questions
❔ Frequently Asked Questions
Questions about relationship NDAs?
Schedule a confidential consultation with a California-licensed attorney.
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