What is a morality clause in a media contract?
A morality clause is a contractual provision that allows one party to terminate the contract if the other party engages in conduct that is considered to be immoral, unethical, or otherwise harmful to the other party's reputation. Morality clauses are commonly found in employment contracts, influencer contracts, actor contracts, artist contracts, endorsement deals and publishing contracts.
The specific conduct that is prohibited under a morality clause will vary depending on the specific contract. However, some common examples of prohibited conduct include:
Criminal activity
Drug use
Alcohol abuse
Sexual misconduct
Discrimination
Harassment
Breach of confidentiality
Defamation
If a party breaches a morality clause, the other party may be entitled to terminate the contract and/or seek damages. The amount of damages that are awarded will depend on the specific facts and circumstances of the case.
Morality clauses are controversial because they can be seen as a way for employers to control the personal lives of their employees. However, employers argue that morality clauses are necessary to protect their reputations and to ensure that their employees are behaving in a way that is consistent with the company's values.
If you are considering signing a contract that contains a morality clause, it is important to carefully review the clause and to understand what conduct is prohibited. You should also discuss the clause with an attorney to make sure that it is fair and enforceable.
Here are some tips for negotiating a morality clause:
Ask for a specific definition of prohibited conduct. The more specific the definition, the less likely it is that you will be accused of breaching the clause.
Ask for a list of examples of prohibited conduct. This will help you to understand what the employer is concerned about.
Ask for a provision that allows you to challenge any termination that is based on a breach of the morality clause. This will give you an opportunity to defend yourself if you are accused of violating the clause.
It is important to remember that morality clauses are not always enforceable. If you are accused of breaching a morality clause, you should contact an attorney to discuss your legal options.