A morality clause (also known as a morals clause, bad boy clause or bad girl clause) is a provision within instruments of a

contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...

which curtail, or restrain, or proscribe certain

behavior Behavior (American English) or behaviour (British English) is the range of actions of Individual, individuals, organisms, systems or Artificial intelligence, artificial entities in some environment. These systems can include other systems or or ...

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 In colloquial usage, contempt usually refers to either the act of despising, or having a general lack of respect for something. This set of emotions generally produces maladaptive behaviour. Other authors define contempt as a negative emotio ...

scandal A scandal can be broadly defined as the strong social reactions of outrage, anger, or surprise, when accusations or rumours circulate or appear for some reason, regarding a person or persons who are perceived to have transgressed in some way a ...

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

actor An actor (masculine/gender-neutral), or actress (feminine), is a person who portrays a character in a production. The actor performs "in the flesh" in the traditional medium of the theatre or in modern media such as film, radio, and television. ...

s and actresses and their studios, the field of

education Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...

(especially minors),

athlete An athlete is most commonly a person who competes in one or more sports involving physical strength, speed, power, or endurance. Sometimes, the word "athlete" is used to refer specifically to sport of athletics competitors, i.e. including track ...

s 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 Alcohol may refer to: Common uses * Alcohol (chemistry), a class of compounds * Ethanol, one of several alcohols, commonly known as alcohol in everyday life ** Alcohol (drug), intoxicant found in alcoholic beverages ** Alcoholic beverage, an alco ...

, the use of illegal drugs or

narcotics The term narcotic (, from ancient Greek ναρκῶ ''narkō'', "I make numb") originally referred medically to any psychoactive compound with numbing or paralyzing properties. In the United States, it has since become associated with opiates ...

or illegal or illicit

sexual activity Human sexual activity, human sexual practice or human sexual behaviour is the manner in which humans experience and express their sexuality. People engage in a variety of sexual acts, ranging from activities done alone (e.g., masturbation) t ...

Background

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 Roscoe Conkling "Fatty" Arbuckle (; March 24, 1887 – June 29, 1933) was an American silent film actor, director, and screenwriter. He started at the Selig Polyscope Company and eventually moved to Keystone Studios, where he worked with Mabel ...

case in 1921. Subsequent to media outcry,

Universal Studios Universal Studios may refer to: * Universal Studios, Inc., an American media and entertainment conglomerate ** Universal Pictures, an American film studio ** Universal Studios Lot, a film and television studio complex * Various theme parks operat ...

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." The first morals clause for a professional athlete may be a November 11, 1922 contract addendum for

Babe Ruth George Herman "Babe" Ruth (February 6, 1895 – August 16, 1948) was an American professional Baseball in the United States, baseball player whose career in Major League Baseball (MLB) spanned 22 seasons, from 1914 through 1935. Nickna ...

. The clause stated: 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."

21st century use

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 Ryan Steven Lochte ( ; born August 3, 1984) is an American former competition swimmer and 12-time Olympic medalist. He is the third-most decorated swimmer in Olympic history measured by total number of medals, behind only Michael Phelps and Kat ...

References

{{Reflist Contract law Law and morality Sports law Law and economics Entertainment law Baseball law

Background

21st century use

See also

References