KATE GOSSELIN: HOW SHE FOOLED THE WORLD - THE RISE AND FALL OF A REALITY TV QUEEN (8 page)

Signed by Kate
and Jon Gosselin

These are some of the standard terms and conditions contained in Exhibit A of the contract:

• The Family was contracted on a “
  work-made-for-hire
  ” basis, specially ordered or commissioned by Discovery. Therefore, all results and proceeds from the Family’s services, and all material connected with the program that was suggested, composed, written, performed or furnished by the Family, and all material owned or controlled by the Family that was used in the show or in connection with the show, was “
  owned exclusively by Discovery
  in perpetuity and in all languages
  throughout the universe
  .”
  
• Discovery had the unlimited right to “
  cut, edit, add to, subtract and omit from, adapt, change, arrange, rearrange, or otherwise modify the Results and Proceeds.
  ” This included, without limitation, doubling the Family or freely “dubbing” or subtitling the Results.
  
• The Family agreed to release Discovery from any claim or cause of action for workers’ compensation benefits.
  
• Discovery had the right to secure “cast” insurance covering the Family, but the Family would have no right, title or interest in or to any such insurance.
  
• If Discovery
  determined that the Family was not able to fully render its services according to the terms of the Agreement because of any Family illness, injury or mental disability, or because of impairment of Family’s voice, appearance and/or mobility, it was considered an event of “Family Incapacity.”
  
• During the time of “Family Incapacity,” Discovery would not be obligated to pay or credit the Family with any compensation and would have the right to suspend the Agreement during that period. Discovery could extend the Agreement by the length of any such suspension, but was not obligated to do so.
  
• Discovery had the right to terminate the Agreement due to any “Family Incapacity” that lasted at least seven (7) days. If any Family Incapacity caused Discovery to terminate the Agreement, Discovery would have no further obligation to the Family except to pay them for any services they had satisfactorily completed before the termination, as long as the Family was not in breach of the Agreement.
  
• Discovery had the right to terminate the Family’s services
  for any reason with or without cause
  , at any time and without further obligations to the Family.
  
• The Family was responsible for obtaining and maintaining any and all work permits or immigration clearances necessary at all times during the Service Term (and for any extensions).
  
• The Parents agreed to fully and unconditionally guarantee the performance of each of the children’s obligations.
  
• The Family agreed that Discovery would be entitled to seek injunctive and other equitable relief to
  stop or prevent any breach or threatened breach of any obligation by the Family.
  
• If Discovery incurred any damages as a result of
  the Family breaching the Agreement in any way, Discovery had the right to withhold and offset any payments they owed the Family under any agreement between the parties in an amount that would cover the Family’s indemnity obligations or any damages incurred by Discovery.
  
• The Family would not accept any money, services or other valuable consideration, other than the Family’s compensation, for the inclusion of any matter in the Program or for the endorsement of any company, product or service in the Program.
  
• The Family agreed that any information it learned about Discovery’s, TLC’s and/or any Producer’s business operations, strategies, future plans, financial affairs, or any other information about the Program, Discovery, TLC, Producer and/or their parent, subsidiary and/or affiliated companies, including the terms and provisions of this Agreement, was confidential and proprietary. The Family agreed not to disclose any information with respect to the Confidential Information to any third party.
  
• The Family (and any representatives of the Family) was not allowed to bring or use any cameras or audiovisual recording devices to any of Discovery’s and/or the Program’s offices, sets, or locations without Discovery
  giving prior written consent. If Discovery gave written consent, the copyrights in all photographs and audiovisual recordings made by the Family (or any representative of the Family) at any of those locations belonged to Discovery alone, and the Family was not allowed to display, exhibit, or distribute, or authorize the display, exhibition, or distribution of, any such photographs or audiovisual recordings publicly for any purpose.
  

Jon and Kate said they weren’t well represented when they signed this contract, so maybe they didn’t fully understand what they were getting into. But even though the actual Agreement contains a lot of legalese, it should have been completely clear to anyone who can read that they were giving up their rights, and more importantly, their children’s rights, to their privacy, their images, their actions, and their ability to control precious family photos and videos. They sold their children’s privacy and childhoods. In the simplest of terms, Discovery owned the Gosselin family.

SAG/AFTRA

The Screen Actors Guild (SAG) and American Federation of Television and Radio Artists (AFTRA) unions were formed to protect the rights of actors. (The unions have
since merged into SAG-AFTRA.) For child actors, the union requires some strict protections and accommodations, such as restricting the number of hours they can work in a day, and mandating studio teachers and education time on set.

Hiding behind the argument that children on reality shows are not working actors, Discovery made it clear that neither SAG nor AFTRA would be a part of the Gosselin children’s lives when they drew up the family’s first contract. It is easy to see why.

The union regulations would have prevented the children from being filmed 24 hours a day. Here are the very specific rules about a child’s working hours taken from the
Young Performers Handbook
on the SAG-AFTRA website (http://youngperformers.sagaftra.org/files/youngperformers/YPH_FNL3.pdf):

Work Day Rules

The SAG contract governs minor’s work hours
everywhere in the United States unless stricter work hours are mandated by the state
.

Work day rules are as follows:

• Minors may not work before 5:30 a.m. or after 10:00 p.m. on evenings preceding a school day (work days must end by 12:30 a.m. on non-school days). The minor’s final work day must be concluded at least twelve hours before the beginning of the minor’s next regular school day.

• On a school day (determined by the calendar of the district where the child resides), school age minors must receive at least three hours of instruction. Maximum allowable hours and times of instruction vary by grade level.

• Minors through age 15 must be accompanied at all times by a parent or guardian. Minors age 16 or 17 may work without a parent or guardian but are entitled to have a parent or guardian present. The parent or guardian is entitled to be within sight and sound of the minor at all times.

• Minors who are high school graduates are exempt from the child labor laws and may work on the same basis as adults.

School Age Minors

On a school day, school age minors may work as follows:

• Ages 6 to 8 — four hours (maximum of eight and one half hours on the set).

• Ages 9 to 15 — five hours (maximum of nine and one half hours on the set).

• Ages 16 and 17 — six hours (maximum of ten and one half hours on the set).

• On days when school is not in session, school age minors may work an additional two hours a day.

• On all days, the minor must have at least one hour of rest and recreation and one half-hour meal break.

• By prior arrangement with the studio teacher, up to two hours of school may be banked (stored) to offset additional work hours on other days; there must be at least one hour of school on each day the minor’s regular school is in session.

Pre-School Age Minors

Minors who are 6 months through 5 years do not attend school on the set, even though they may attend pre-school or kindergarten on a regular basis. Work hours are as follows:

• Ages 6 months to 2 years — two hours (maximum of four hours on the set).

• Ages 2 years through 5 years — three hours (maximum of four and one half hours on the set).

• Minors 6 months through 5 years must have at least one hour of rest and recreation.

• Minors 2 to 5 years may also have a half hour meal break.

Infants

In California, infants 15 days to 6 months of age may only be on the set between the hours of 9:30 a.m. to 11:30 a.m. or 1:30 p.m. to 3:30 p.m. No infant born prematurely may work until he/she would be at least 15 days old if born at full-term. SAG producers have agreed to observe these restrictions in other jurisdictions.

• Ages 15 days to 6 months — twenty minutes (maximum two hours on the set).

THE SKI TRIP AMENDMENT

When Jon took Cara to Park City, Utah, for a skiing/snowboarding vacation in January 2009, Discovery wanted to film it. They just didn’t want to assume any financial risk or liability in case there was an accident. Discovery wanted to exploit the family for filming, but didn’t want to be held responsible in case Jon or Cara was injured. The Discovery legal department drew up an Amendment to the Gosselin’s contract that was in force at the time. The Amendment named Jonathan Gosselin and Cara Nicole Gosselin as the “Outing Participants.” Here are the key points of the Amendment that the “Outing Participants” agreed to:

• The
  y acknowledged that they were going to be participating in activities between January 1 through January 6, 2009 that were inherently dangerous, and they could be exposed to “foreseen and unforeseen” hazards and risks.
  
• They understood that participating
  in the Activity carried with it the potential for injury or loss, including but not limited to death, serious physical injury, extreme emotional distress, mental or physical illness and property loss, and other unforeseen losses.
  
• They
  acknowledged that they were voluntarily participating in the Activity with “full knowledge, appreciation and understanding of the dangers and personal risks involved,” and they agreed to assume any and all risks associated with participating in the Activity.
  
• They
  represented that they were in excellent physical, emotional, psychological and mental health, and were physically and mentally capable of participating in the Activity.
  
• They
  said that they were voluntarily participating in the Activity with full knowledge, appreciation and understanding of the dangers and personal risks involved, and they agreed to assume any and all risks of participating in the Activity.
  
• The
  y agreed that the “Released Parties” (Discovery/TLC/Producers and any subsidiaries, etc.) would not have any legal obligation to either or both of them or their family for any claim, loss, or injury that they or their family could blame on the Activity. They held the released parties harmless from liability, damages, claims, losses and expenses (including reasonable legal fees), arising out of, or resulting from, any filming and/or their participation in the Activity.
  
• Any and all footage of
  Jon and Cara’s activities, and any services they performed in connection with the show, were owned exclusively by Discovery “in perpetuity in all languages throughout the universe.”