First Draft RFC (Request for comments)

The Team / Crew Defined

• Participants – Primary: Model, Rigger, Photographer,
• Participants – Secondary: Spotter/Safety (“Assistant”), MUA (Makeup Artist), hair stylist, costume designer, prop supplier, producer, and facility representative.
• Required participants: Model, Rigger, and/or Photographer, and, as negotiated, any person whose property is in use and use of said property is dependent on their presence and/or approval.
• Reminder: if the property is no longer in use, then that person is no longer required. “Property” may include costumes, makeup, props, and facilities, among other items. If that requires a location change or rescheduling to find a replacement, so be it. (See: Reasonable Accommodations, Flexible Crew, and “Last-Minute…”
• Hierarchy: The Model has primary say, followed by the rigger and the photographer, and then the secondary participants as required. Of course, if any role is key to the project and that person is unable to agree, the project cannot happen until an alternative is found. If necessary, can their roles be done off-set or off-site?

Rights: Information, Safety, Continuity, and Sanity

(See next section “Part 2: expanded descriptions” for details and expectations)

Part 1: the list of 21 rights

1. The Model is in charge and gets final say.
2. Right to Informed Consent and to Freely Give and Withdraw Consent: The Model and all participants shall adhere to the FRIES consent model.
3. Right to automatically end a session if incapacitated.
4. Right to a Safety/Spotter: The Model, Rigger, and photographer have the right to bring a safety spotter/assistant.
5. Right to a Pre-Interview: The Model has the right to discuss the session, set boundaries, and agree on a blueprint prior to the session.
6. Right to Document the Event & Virtual DM: The primary participants may document the event. Recording both the negotiation and the event in both writing and audio is acceptable.
7. Right to approve/disapprove of people: Model/Primary/Required Participants: can disapprove of anyone present.
8. The Model & Rigger may inspect, clean, and assess all items they will be using.
9. Right to be sober and work with a sober crew: “Sober Participants”; Everyone has the right to work with a sober crew.
10. Right to work in a Sober-friendly Location: “Sober location”; Everyone has the right to a sober environment/workplace (Exception: we’re specifically performing at a location/venue with alcohol/an audience that may consume substances such as a bar, theater, or festival.)
11. Right to freely end the session: The Model can pause or end the scene, set, or whole session at any time.
12. Right of crew to end the session: Anyone can pause or end the scene, set, or whole session at any time.
13. The right to end at any time reiterated; while the show must go on, it must not be at any cost.
14. Right to a SAFEWORD & SafeGesture: Safewords are to be set and honored. If unable to be vocalized, a non-verbal alternative shall be designated by the participants.
15. Right to an Interruption-free session: 2 Parts; A: People distracting or interrupting may be asked to leave. B: A phone-free environment. Both silent and usage, whether audible or app usage.
16. No last-minute or surprise requirements, changes, or information/disclosure.
17. Right to Reasonable Accommodations
18. Right to a Flexible Crew
19. Right to a clinical, professional, and non-sexual environment.
20. Right to a trustworthy crew and environment: Trust: Everyone should be trustworthy.
21. Right to take your own photos: Unless specifically negotiated, ANY primary participant or their assignee may take pictures. NOTE: B-roll content is often essential to the storyline and promotion of the end product. Reminder: Follow the interruption-free rules.

Part 2: Expanded description of rights.

1. The Model is in charge and gets final say. If any required participant does not approve, they can end the session for all. (This shall not be a threat to coerce. Else everyone’s right to consent freely is not preserved)
2. Right to Informed Consent, and to Freely Give and Withdraw Consent: The Model and all participants are expected to follow the FRIES consent model. (See FRIES; Freely Given, Revolcable, Informed, Entheusiastic, Specific)
3. Incapacitation ends the session; If the Model is no longer able to speak for themselves, the session must end. To consent freely and have the ability to withdraw consent, one must be conscious.
4. Right to a Safety/Spotter: The Model, Rigger, and photographer have the right to bring a safety/spotter/assistant.
5. Right to a Pre-Interview: To obtain informed consent, participants must be informed about the plan and have the ability to research any relevant information. When conducted virtually, i.e., in writing, we recommend requiring the agreement to be reviewed and reiterated in person for two reasons. First, things may change, but also, because sometimes things get lost in translation in a text/email. Yes, it’s also good to put things in writing. (See right to record and document)
6. Right to record and document; Right to a Virtual DM is required: A recording of all activities may be created and maintained by any or all primary participants or their assignees.
   • This recording may be in the form of B-roll video, if approved, or audio only, if requested by the Model.
   • For security, each of these primary participants may make and maintain their own recording.
   • NOTE: Unless this clears up a dispute or its disclosure is approved, this document/recording is considered private and non-public/unpublishable.
     • MEDIATION Required: Before any publication to refute public disinformation, reasonable attempts to mediate and resolve any disputes shall occur. Public disinformation includes any non-refuted rumors that the offending party does not correct.
       (Obviously, any court use is a valid use)
7. Right to approve/disapprove of people: First and foremost, the Model gets the final say on who’s present. Their comfort level is paramount, and being both under the spotlight and in a vulnerable position, they have the final say. However, all participants get a say on who’s present. If anyone feels uncomfortable, it’s impossible to have a good session and outcome. The hierarchy consists of the Model, the Rigger, and the Photographer, followed by secondary participants, any of whom can leave if their presence is no longer required, as noted above. Conclusion: if the core team is uncomfortable, the show cannot go on.
8. Right to Inspect: The Model has the right to touch, inspect, and clean any equipment used on them. They should know how it feels, know its cleanliness, and above all, determine its safety. The rigger also needs to know that the equipment they are using is safe and meets their requirements.
9. Sober Participants: All participants are expected to remain sober.
   • A: One’s ability to consent can be affected by their sobriety, and
   • B: The ability to safely perform the duty of the participant.
   • C: People’s risk profiles may vary. If your risk profile allows for minimal /some substance use, that’s your decision, but the rest of the team must be informed and agree with it. Not doing so removes their right to work with sober participants. Any substance use must be kept minimal so you’re not visibly/notably affected. Remember, we don’t want a last-minute surprise either because someone is inebriated, or because someone secretly thought “but it’s only one puff/drink/etc.”
10. Sober Location: Like participant sobriety, a sober location may be requested. Any alcohol or drugs present can affect the crew or bystanders, cause interruptions, or be a general distraction.
    • NOTE: If the performance is at a bar during regular operating hours, it is understood that drinking will occur among those in attendance. If a closed set, ensure needs and expectations are clearly communicated.
    • NOTE II: It’s not uncommon for a venue representative to unknowingly have a drink in their own facility before or during our visit, so let us know before hand if we need to request it be a dry set.
11. Right to freely end the session: The Model can pause or end the scene, set, or whole session at any time. Part of the ability to consent also includes the ability to revoke or withdraw consent.
12. Right of Crew to end the session: Any participant can end or pause the current activity, scene, set, or full session at any time for any reason. Sometimes, people see something that compels them to stop what’s happening. If the participants can resolve issues, the session can resume. That resolution may involve asking a participant to leave if the remaining participants and those “Required” to be present request and approve.
13. The right to end at any time is reiterated; We’ve all heard the phrase “the show must go on.” While that may be true, it must not be at any cost. Yes, make reasonable attempts to ensure the session proceeds without a hitch or with minimal modifications; however, if someone is not in the right headspace to make the event happen, whether that be safely, creatively, or sanely. While it can be a challenge or costly to schedule and arrange a shoot or event, sometimes it’s better to say stop. See above: Right to end the session by model or any crew member. (Also, See: Reasonable Accommodations and Flexibility Below)
14. Right to a SAFEWORD & SafeGesture:
    • SAFEWORD I: The Model has the right to a safeword of their choice.
    • SAFEWORD II: The house safeword is RED. If at any time the Model needs to escalate the ending of a scene, they should fall back on the industry-approved and lifestyle-recognized safeword, “RED.”
    • SAFEWORD III: As a photo and production event, plain English is typically used in communication with the crew. If, for the sake of production and show-specific needs, a specifically designated and negotiated safeword is decided upon as the only accepted safeword, that is made clear in negotiations and a pre-session interview. i.e., part of the performance includes words like STOP, NO, RED.
    • SAFEWORD IV: If unable to speak, a non-verbal safeword shall be accepted and approved. If the non-verbal safeword cannot be performed, another non-verbal alternative shall be negotiated, possibly with the responsibility resting on The Model’s spotter.. Said alternatives shall be demonstrable.
15. Right to an Interruption-free Session:
    • Interruption-free; Spotter: The Model, rigger, and photographer get the right to do their job without distraction. If the safety feels the need to interrupt, so be it, but within reason. Each safety/spotter gets two freebies. I.e., one warning rule. If they interrupt/get in the way a second time, it is assumed that the person they are there for either wants to end the session, or that the spotter is not acting in their interests, and can wait outside. Neither the first nor the second interruption is invalid if The Model approves of it; however, as noted, if they must do so multiple times, the Crew must have a vision inconsistent with each other, and it may be time to end the session and move on. (see “What is a spotter/safety”) These two freebies also apply to everyone.
      NOTE: If the spotter has to interrupt, it is first assumed that they are accurately representing The Model. Thus, if The Model agrees with the interruption, the person or reason for the pause shall be notified and asked to change their activity/behavior, again with a one-and-done assumption. Granted, The Model can opt to end or continue at any time at their discretion. (Duplication: What’s the best wording?)
      Interruption-free; All Crew and Persons Present: This interruption-free concept and rule applies to any participant who interrupts. That participant may be requested to stop interrupting or otherwise hindering the event. As stated, the Model and any participant have the final say on who leaves and who stays, per the hierarchy outlined above. If the session cannot continue with those remaining, it can be renegotiated and rescheduled. The Model reserves the right not to renegotiate mid-session; hence, we may opt to reschedule. The Model may assert this right at any time, whether in initial negotiations or at any time during the session. (Clunky?)
      i.e., as stated, THE MODEL CAN END THE SESSION AT ANY TIME.
    • A phone-free environment: Both silent and usage! Even a vibrating phone or text clicks can be distracting, but anyone using a phone, whether talking, texting, or using apps, can cause distractions or be distracted from their role. Sure, taking approved B-roll might help the event, but if doing so is distracting, they must modify their approach. THIS RULE INCLUDES THE MODEL’s Use of the phone. We understand that there may be excitement, but if sharing with followers or other phone usage becomes a distraction for the Crew, it may be deemed a distraction. NOTE: Even if trading time, the Crew’s time is expensive. Thus, pausing to share with followers or a friend is a hindrance. Even more so if the people hindering the event are getting paid, i.e., they are not being paid to use their phone!
16. No last-minute or surprise requirements: Informed consent can not occur without the ability to be informed before arrival, and without the pressures of “we’re here now.” Each participant’s requirements must be clearly stated, understood, and agreed upon before arrival. It is best to provide said information at least 72 hours in advance to minimize pressure and allow time for research.
17. Right to Reasonable Accommodations: Although we can typically negotiate most accommodations prior to the event, unexpected issues may arise, and adjustments may be necessary. Our request for rights stipulates that such changes be reasonable and that everyone attempt to come up with reasonable accommodations. That said, see the right to a flexible crew. Making reasonable attempts to continue the session may involve moving or rescheduling the entire session.
18. Right to a Flexible Crew: Since unexpected things come up, it is only fair to all participants to be flexible. “Flexible within reason.”
19. Right to a clinical, professional, and non-sexual environment. The session can be as clinical as any participant wants/needs. While the topics we cover are often considered erotic, it is helpful to keep boundaries. Being clinical helps maintain these boundaries. Clinical? Hands off, only necessary touching, no unnecessary erotic or derogatory verbiage. Being professional means being appropriate. If something does not feel clinical or “professional” enough, say something so the line is clear and respected. So you are respected!
20. Right to a trustworthy crew and environment: Trust: Everyone should be trustworthy. Being a professional means having trust and being honorable. Having is a two-way street; giving trust equals getting trust. If you cannot trust the Crew, you may not be able to consent freely. After all, informed consent means trusting reliable and accurate information.
21. Right to take your own photos: Unless specifically negotiated, ANY primary participant or their assignee may take pictures.
    • NOTE: B-roll content is often essential to the storyline and promotion of the end product.
    • Reminder: Follow the interruption-free rules.
    • Honoring this right also means designating a primary photographer. Having a model look at multiple photographers means no one gets a good photo;
    • however, sometimes someone sees something specific they want to capture quickly, rather than pulling the photographer from their flow. “Distracting the photographer.”
    • PRIMARY PARTICIPANTS ONLY: There is no reason anyone else should be documenting the session unless assigned or approved by the primary participants. The hair, makeup, and costume persons can take a specific picture of their work if the model approves.

NOTE: words not elsewhere

1. Secondary participants may have specific requirements.
2. Flexibility and reasonable accommodations: If good-faith last-minute needs arise once on-site, reasonable accommodations should be attempted.
3. Repeating, the Model has final say in who is allowed on set.

Definitions:

What’s a spotter/safety?

• They are someone who ensures the safety of their “buddy”. By ensuring the safety of their buddy, they are ensuring the safety of all present.
• They play the role of DM, “Dungeon Monitor,” and should be comfortable with speaking up on their friend’s behalf.
• Consent verifier: verifying that your FRIES-based consent is being followed and honored.
• They are your witness, verifying what happened at the event.
• They can speak on your behalf, ensuring your needs are met.
• They can meet your needs. I.e., they are someone who can assist you if necessary in obtaining what you need, such as water, food, supplies, etc. This assistance may also include adjusting your hair, makeup, costume, and other elements, such as medications or other specific needs.
• As an assistant to The Model or rigger, they might help lift, tie, or untie if necessary.
• They should not be distracted; depending on your risk model, needs, and expectations regarding safety, they should remain focused and not distracted. Either with their phone/friends/a walk/etc, or with tasks that do not align with the rest of their responsibilities.
• They are someone you vouch for, and they reciprocate by vouching for you. While their attendance may be recommended vs required, they are your PAL. (See: PAL/Pervy Activity Leasion)