What is the Performance Bond and Morals Clause in Film Contracts?

Film production companies are just as invested in keeping their image protected in the eyes of the public as many other businesses are. They want to know that the actors that they contract to perform for their films. As well as the crew members that are hired to work with them in production. They are engaging in behaviors that remain in-line with the public image that they wish to portray. And that they do not veer down a path that could be seen as, objectionable, by the public. In doing so, many will include a performance bond and morals clause in film contracts that are initiated between the production studio and its freelancers or employees.

What is a Morals Clause in Film?

The performance bond and morals clause in film contracts that are initiated between contractors and the production studio. Providing protection for the film studio to ensure that those hired behave consistently.

Both on-set and off in a manner that is conducive to the studio’s favorable public image. You might have encountered the morals clause in more than just film contracts that are engaged between a film industry professional. And the film production company or studio.

In fact, a morals clause is often included in contracts that are initiated between athletes and the brands that endorse them as well as between other individuals that are public figures potentially representing a brand. 

Endorsements

It’s very common for a moral clause to be included in an endorsement contract. Contracts like these are entered between brands and the individuals that are representing the brand.

Because the brand wants to ascertain without a doubt that their public endorsements do not jeopardize their existing brand reputation.

Many times these clauses thus require that individuals do not engage in behavior that would be illegal, irresponsible, or otherwise frowned upon by the public.

Why Are Morals Clauses Important to Film Production?

When it comes to hiring multiple performers for a film, and banking on the reputation that a particular actor or actress has when they’re contracted to be part of the production.

There’s a lot that could go wrong between the time the individual is cast and the time the film is distributed. Especially when it comes to activities that take place outside the context of the film production itself.

Activities, such as drug use, excessive alcoholism, or engaging in potentially inappropriate sexual activity could jeopardize the individual’s performance at work and with others on set.

But even worse, such activity could impact the public’s perception of the performer which could result in a loss of revenue for the studio.

Utilizing the Clause

This is why film studios and production companies are so fixated on ensuring the contractual provisions of the moral clause. Including a morals clause in the contract. That is entered between a film industry worker and the production studio that is involved.

Providing the studio with permission to terminate the worker’s contract. In the event that they behave in any of the ways that are against the contract and specified within the clause.

In fact, a talent contract could be rescinded in the event that the morals clause was violated in any capacity.

Negotiating the Morals Clause 

What some contractors, especially performers, don’t realize is that the morals clause is up for negotiation. It’s not that a studio is necessarily likely to allow a deal without a morals clause.

But that the performer or signing party does have a right to negotiate the terms of the contract before signing. It’s very important for anyone that is working in the film industry and asked to sign a contract.

One that includes a performance bond and morals clause in film know that they do have the right to negotiate the terms first. 

Negotiations

If you’re faced with a contract that includes a morals clause? You can take steps ahead of time to negotiate the terms. So that you can ensure you’re willing and able to abide by the terms that have been set forth.

For instance, know that you have the right to request that a morals clause. Which is included in your contract specify a time period that is acceptable.

Generally the duration of the contract period and not post-contract or prior to. These details will be important should any case for violation be brought forth against you in the future.

Performance Bond

Know that the morals clause is more than just another section of a performance bond. Morals clauses in film contracts represent a wide range of behaviors that were once acceptable in the industry.

But which are now completely unacceptable. It’s important for you to thoroughly read over the clause. And to fully understand what it means, what is expected of you, and what the outcome will be if any violation accusations are brought forth.

Here to Stay

With the rise of social media, the internet being available on every smartphone and people being more connected than ever before. Legal contracts almost don’t need to specify a morals clause.

Because it would appear that most industry workers are well aware of the level of information that is openly available to the public. More than ever, entertainers and performers know that virtually anything that they do can become public knowledge in a matter of minutes. If not seconds!

Prominence

There was once a time when it would have appeared that the morals clause would be eliminated from contractual agreements in the film industry. But rather than omission what happened was a rise in the frequency of morals clauses being incorporated into contracts.

Particularly outside the film industry. In fact, morals clauses would ultimately become prominent in a variety of other industries. Starting heavily with the athletic and sports industries and then trickling into other areas.

As a result, a rise in the use of the morals cause in all types of contracts in the film industry has since been noticed.

In Summation

Thus, morality clauses are not going anywhere. And will almost certainly be included in any production contracts entered between the studio and the performer or talent that is contracted to work with them. So what is the performance bond and moral clause in film contracts?

It’s the guarantee of certain services to be completed by a performer. While requiring that the lifestyle and activities that are engaged by the performer both on-set and off the set.

Be those of a moral standard that is conducive to the desired positive reputation of the company. Without risk of damaging the public image. Effectively it’s a distinction of boundaries. With which performers within the film industry are expected to live by.