thats still not good enough for OF, risks getting her perma banned since any person on camera needs to sign a release and be verified as not underage. But if its like missionary with only her in frame while being fucked thats fine. (Note this is all wildly optimistic, shes never going to release sextapes under any circumstances I think)
It has nothing to do with suing her, it's part of OF ToS, you are required to sign a release form if the person who's in your content with you doesn't have their own account, or if they have an account you have to tag them in the post. If you do not do this OF will take down the videos. If you then continuously upload without doing the same they will take your account down.