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 Behavior (American English) or behaviour (British English) is the range of actions and mannerisms made by individuals, organisms, systems or artificial entities in some environment. These systems can include other systems or organisms as wel ...

of individuals or party(s) to the contract. A moral clause within contracts is used as a means of holding the individual or party(s) to a certain behavioral standard so as not to bring disrepute, contempt or scandal to other individual or party 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),

athlete An athlete (also sportsman or sportswoman) is a person who competes in one or more sports that involve physical strength, speed, or endurance. Athletes may be professionals or amateurs. Most professional athletes have particularly well-devel ...

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 activity include the use or abuse of

alcohol Alcohol most commonly refers to: * Alcohol (chemistry), an organic compound in which a hydroxyl group is bound to a carbon atom * Alcohol (drug), an intoxicant found in alcoholic drinks Alcohol may also refer to: Chemicals * Ethanol, one of sev ...

, the use of illegal drugs or

narcotics The term narcotic (, from ancient Greek ναρκῶ ''narkō'', "to 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.

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 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." The first morals clause for a professional athlete may be a November 11, 1922 contract addendum for Babe Ruth. The clause stated: Apparently, Colonel Jake Ruppert (owner of the Yankees) had also hoped to curtail the 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 professional swimmer and 12-time Olympic medalist. Along with Natalie Coughlin, Dara Torres, and Jenny Thompson, he is the second-most decorated swimmer in Olympic history measured by to ...

References

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

Background

21st century use

See also

References