Nudity Rider
(Between Performer and Production Company) (Pro-Production Company)

Summary

This template is a nudity rider between a performer and a production company regarding the performance of scenes containing nudity and simulated sexual acts in a motion picture and is drafted in terms more favorable to the production company. This template contains practical guidance, drafting notes, and optional clauses. When nudity or sex-related activity (including simulated sex acts) are required or requested from a performer, it is essential to obtain the performer's prior written consent in advance. A production company must obtain such consent before using the performer in a nude or sex scene or doubling the actor in the scene, per the terms of the Screen Actors Guild American Federation of Television and Radio Artists (SAG-AFTRA) Basic Agreement (available here). This template is designed for use with the SAG-AFTRA freelance weekly player agreement or day player agreement (both available here). If nudity is required or requested from a principal player, this template may also be adapted and included as a clause in the performer's agreement, or it may be—as is often the case—a separate document accompanying the performer's agreement. For sample performer agreements, see Performer Agreement (Between Actor and Independent Production Company, Long Form) and Performer Agreement (Between Actor and Motion Picture Studio, Long Form). A nudity rider may be prepared by the production company and submitted to the performer, as contemplated here, or it may be prepared by a representative of the performer and submitted to the production company. For an example of the latter, which contains more performer-friendly provisions, see Nudity Rider (Between Performer and Production Company) (Pro-Performer). Note that in some cases, based upon considerations of tax factors and liability, it is not uncommon for a performer to form a loan-out company which then provides his or her services to the production company. In such cases, modify this template so that the production company enters into an agreement with the loan-out company (""Lender""), and require the individual performer to sign an Inducement Letter (set forth in Optional Exhibit A). If for some reason the Lender loses its entity status and/or develops a legal impediment that prevents it from fulfilling its contractual obligations, the Inducement will require the performer to fulfill the Lender's obligations directly to the production company, and, by the same token, the production company will have recourse directly to the individual performer. For a collection of content related to motion picture production, see Motion Picture Production Resource Kit. For additional guidance on motion picture performer agreements, see Motion Picture Production Agreements and Documents — Talent Agreements and Entertainment Industry Contracts P 11.01.