A morality clause (also known as a morals clause, bad boy clause or bad girl clause) is a provision within instruments of a contract which curtail, or restrain, or proscribe certain behavior of individuals or party(s) to the contract.
A moral clause within contracts is used as a means of holding the individual or party / parties to a certain behavioral standard so as not to bring disrepute, contempt or scandal to other individuals or parties to the contract and their interests. It attempts to preserve a public and private image of such a party to the contract. In essence, one party to the contract is purchasing the other party's good name or reputation. These clauses are most seen in contracts between actors and actresses and their studios, the field of education (especially minors), athletes and their organization or proprietors of a product that the athlete(s) may endorse or as a part of a marital settlement. Commonly proscribed activities include the use or abuse of alcohol, the use of illegal drugs or narcotics or illegal or illicit sexual activity. [1]
The impetus for a morals clause in contracts for 'talent,' i.e., artistic performers, appears to have been a reaction to the Roscoe 'Fatty' Arbuckle case in 1921. Subsequent to media outcry, Universal Studios decided to add a morals clause to contracts. The text of the 1921 Universal Studios clause read as follows: "The actor (actress) agrees to conduct himself (herself) with due regard to public conventions and morals and agrees that he (she) will not do or commit anything tending to degrade him (her) in society or bring him (her) into public hatred, contempt, scorn or ridicule, or tending to shock, insult or offend the community or outrage public morals or decency, or tending to the prejudice of the Universal Film Manufacturing Company or the motion picture industry. In the event that the actor (actress) violates any term or provision of this paragraph, then the Universal Film Manufacturing Company has the right to cancel and annul this contract by giving five (5) days' notice to the actor (actress) of its intention to do so." [2]
The first morals clause for a professional athlete may be a November 11, 1922 contract addendum for Babe Ruth. The clause stated:
It is understood and agreed by and between the parties hereto that the regulation above set forth, numbered '2' shall be construed to mean among other things, that the player shall at all times during the term of this contract and throughout the years 1922, 1923 and 1924, and the years 1925 and 1926 if this contract is renewed for such years, refrain and abstain entirely from the use of intoxicating liquors and that he shall not during the training and playing season in each year stay up later than 1 o'clock A.M. on any day without the permission and consent of the Club's manager, and it is understood and agreed that if at any time during the period of this contract, whether in the playing season or not, the player shall indulge in intoxicating liquors or be guilty of any action or misbehavior which may render him unfit to perform the services to be performed by him hereunder, the Club may cancel and terminate this contract and retain as the property of the Club, any sums of money withheld from the player's salary as above provided. [3]
Apparently, Colonel Jake Ruppert (owner of the Yankees) had also hoped to curtail Babe's notorious womanizing. Ruth is quoted as replying, "I'll promise to go easier on drinking and to get to bed earlier, but not for you, fifty thousand dollars, or two-hundred and fifty thousand dollars will I give up women. They're too much fun." [4]
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As of August 2016 [update] morals clauses still exist widely for athletes, and in fact, may be invoked more quickly than in the past, as in the case of Ryan Lochte. [5]
George Herman "Babe" Ruth was an American professional baseball player whose career in Major League Baseball (MLB) spanned 22 seasons, from 1914 through 1935. Nicknamed "the Bambino" and "the Sultan of Swat", he began his MLB career as a star left-handed pitcher for the Boston Red Sox, but achieved his greatest fame as a slugging outfielder for the New York Yankees. Ruth is regarded as one of the greatest sports heroes in American culture and is considered by many to be the greatest baseball player of all time. In 1936, Ruth was elected to the Baseball Hall of Fame as one of its "first five" inaugural members.
In contract law, an indemnity is a contractual obligation of one party to compensate the loss incurred by another party due to the relevant acts of the indemnitor or any other party. The duty to indemnify is usually, but not always, coextensive with the contractual duty to "hold harmless" or "save harmless". In contrast, a "guarantee" is an obligation of one party to another party to perform the promise of a relevant other party if that other party defaults.
The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide prohibition on alcohol. The Twenty-first Amendment was proposed by the 72nd Congress on February 20, 1933, and was ratified by the requisite number of states on December 5, 1933. It is unique among the 27 amendments of the U.S. Constitution for being the only one to repeal a prior amendment, as well as being the only amendment to have been ratified by state ratifying conventions.
The Screen Actors Guild (SAG) was an American labor union which represented over 100,000 film and television principal and background performers worldwide. On March 30, 2012, the union leadership announced that the SAG membership voted to merge with the American Federation of Television and Radio Artists (AFTRA) to create SAG-AFTRA.
A waiver is the voluntary relinquishment or surrender of some known right or privilege.
The Virginia Statute for Religious Freedom was drafted in 1777 by Thomas Jefferson in Fredericksburg, Virginia, and introduced into the Virginia General Assembly in Richmond in 1779. On January 16, 1786, the Assembly enacted the statute into the state's law. The statute disestablished the Church of England in Virginia and guaranteed freedom of religion to people of all religious faiths, including Christians of all denominations, Jews, Muslims, and Hindus. The statute was a notable precursor of the Establishment Clause and Free Exercise Clause of the First Amendment to the United States Constitution.
In contract law, an arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause.
The Hobbs Act, named after United States Representative Sam Hobbs (D-AL) and codified as 18 U.S.C. § 1951, is a United States federal law enacted in 1946 that prohibits actual or attempted robbery or extortion that affect interstate or foreign commerce. It also forbids conspiracy to do so.
A nudity clause/nudity waiver is a paragraph or a section in a performer's legal contract that stipulates which parts, if any, of the performer's body are to be exposed during a theatrical, television, cinematic, or other type of production. The clause may stipulate that a performer will not be required to perform in the nude, or it may specify that a performer is not allowed to perform in the nude. Nevertheless, a character they play may appear to be nude by the use of a "body double" in place of the performer during a nude scene or the use of a flesh-colored bodystocking or a pubic area-covering merkin. Sometimes a performer will refuse to accept a role which involves nudity.
In law, severability refers to a provision in a contract or piece of legislation which states that if some of the terms are held to be illegal or otherwise unenforceable, the remainder should still apply. Sometimes, severability clauses will state that some provisions to the contract are so essential to the contract's purpose that if they are illegal or unenforceable, the contract as a whole will be voided. However, in many legal jurisdictions, a severability clause will not be applied if it changes the fundamental nature of the contract, and that instead the contract will be void; thus, often this is not explicitly stated in the severability clause.
An arbitral tribunal or arbitration tribunal, also arbitration commission, arbitration committee or arbitration council is a panel of unbiased adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include a chairperson or an umpire. The tribunal usually consists of an odd number of arbitrators. Members selected to serve on an arbitration panel are typically professionals with expertise in both law and in friendly dispute resolution (mediation). Some scholars have suggested that the ideal composition of an arbitration commission should include at least also one professional in the field of the disputed situation, in cases that involve questions of asset or damages valuation for instance an economist.
The Babe Ruth Story is a 1948 American biographical film about professional baseball player Babe Ruth (1895–1948), who achieved fame as a slugging outfielder for the New York Yankees. However, most of the film, except for the basic details of Ruth's life and career achievements, was fictionalized. Directed by Roy Del Ruth, the film stars William Bendix as the ballplayer and Claire Trevor as his wife Claire Merritt Hodgson. The film initially received positive reviews, however, modern-day critics faulted the film's heavy-handedness and direction, and it is said by many to be one of the worst films ever made.
The Constitution of India provides the right to freedom, given in article 19 with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom in Article 19 guarantees the freedom of speech and expression, as one of its six freedoms.
The Pelé law is a Brazilian law that forces professional sports clubs to observe business law and pay tax within two years.
Affreightment is a legal term relating to shipping.
Mugler v. Kansas, 123 U.S. 623 (1887), was an important United States Supreme Court case in which the 7–1 opinion written by John Marshall Harlan with a lone partial dissent by Stephen Johnson Field. The decision laid the foundation for the Supreme Court's later acceptance and defense during the Lochner era of Justice Field's theory of economic substantive due process under the Due Process Clause of the Fourteenth Amendment.
Southern Foundries (1926) Ltd v Shirlaw [1940] AC 701 is an important English contract law and company law case. In the field of contracts it is well known for MacKinnon LJ's decision in the Court of Appeal, where he put forth the "officious bystander" formulation for determining what terms should be implied into agreements by the courts. In the field of company law, it is known primarily to stand for the principle that damages may be sought for breach of contract by a director even though a contract may de facto constrain the exercise of powers to sack people found in the company's constitution.
My Sister Eileen is a 1955 American CinemaScope comedy musical film directed by Richard Quine. It stars Janet Leigh, Betty Garrett, and Jack Lemmon.
Lambert v. Yellowley, 272 U.S. 581 (1926), was a decision by the Supreme Court of the United States that reaffirmed the National Prohibition Act's limitation on the dispensation of alcoholic medicines. The five-to-four decision, written by Justice Louis D. Brandeis, affirmed the dismissal of a suit in which New York City physician Samuel Lambert sought to prevent Edward Yellowley, the acting federal prohibition director, from enforcing the Prohibition Act so as to preclude him from prescribing alcoholic medicines. The decision affirmed the police powers of the individual states, as well as the power of the Necessary and Proper Clause of the United States Constitution, which was cited in upholding the Prohibition Act's limitations as a necessary and proper implementation of the Eighteenth Amendment to the United States Constitution.
A boilerplate clause is a legal English term that is used in conjunction with contract law. When forming contracts, parties to the contract often use templates or forms with boilerplate clauses. Such clauses refers to the standardized clauses in contracts, and they are to be found towards the end of the agreement. Including boilerplate clauses is the process by which parties to the contract may better define their relationship and the will to provide certainty if terms in the contract are ever disputed. Boilerplate clauses are standard contractual terms that are routinely included in many contracts. Some of the most common clause types are listed below: