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 a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

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 Contempt is a pattern of attitudes and behaviour, often towards an individual or a group, but sometimes towards an ideology, which has the characteristics of disgust and anger. The word originated in 1393 in Old French contempt, contemps, ...

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. Th ...

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

actor An actor or actress is a person who portrays a character in a performance. The actor performs "in the flesh" in the traditional medium of the theatre or in modern media such as film, radio, and television. The analogous Greek term is (), li ...

s and actresses and their studios, the field of

education Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty. Va ...

(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 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) ...

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, comedian, director, and screenwriter. He started at the Selig Polyscope Company and eventually moved to Keystone Studios, where he worked w ...

case in 1921. Subsequent to media outcry,

Universal Studios Universal Pictures (legally Universal City Studios LLC, also known as Universal Studios, or simply Universal; common metonym: Uni, and formerly named Universal Film Manufacturing Company and Universal-International Pictures Inc.) is an Ameri ...

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 Jr. (February 6, 1895 – August 16, 1948) 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 Su ...

. The clause stated: Apparently, Colonel

Jake Ruppert Jacob Ruppert Jr. (August 5, 1867 – January 13, 1939) was an American brewer, businessman, National Guard colonel and politician who served for four terms representing New York in the United States House of Representatives from 1899 to 1907. ...

(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