Keeping it private doesn't protect you though. It can be private and still garner a mark towards your account, if one or the other decides to make a report on it, maybe because you weren't that good or anything dumb. Then it is in violation and your account will be flagged. The thing is even with two consenting adults, if you just met this person for the first time in an ERP club there is a risk that they can report you after the fact, and it too counts as a violation.
YoshiP didn't say "sure you're safe if it's private" rather he states if you get reported we'll plant a pretty red flag on your account with the word warning on it in bright neon, private or not. In some cases even without a report they can give you an obscenity warning. So basically he says "be careful". That to me is not a confirmation that ERP is okay or not okay. It means the responsibility falls in your lap as does your account and there's no arguing your way out of it if reported.
More and more I see is certain people not being careful, but blatantly advertising it to the public with full invitation to take part. All just because they read portions of the violation policy, and twist it to mean something they can live with. That's when it falls outside the lines of private and made public. Offering up a service to the public, (which we all know it's a paid service even if it's virtually paid) puts into question this company's long standing reputation and what something like this could do in the long run if it gets out of hand. Which it is a strong possibility if you think about.
I'm not against private ERP, or the SFW venues. I'm against clubs who purposely advertising it to the public and the advertising of hiring "courts" to preform these services or that some misguided pre-teen behind a monitor feigning their adulthood to join in what these types of clubs are offering publicly. I question where are the boundary lines when it comes to this type of thing. What's next "billboards on highways"?