Over the years, I’ve had the opportunity to work with several reality TV talents and review the contracts they must sign to participate. Unlike scripted television, reality shows do not follow a predetermined storyline, giving producers and on-screen talent significant control over the show’s direction.
However, producing these programs is still expensive. Although writers may not be necessary, producers must carefully oversee the content to manage costs, maintain confidentiality, and preserve fairness. Consequently, participant agreements tend to be far-reaching and often include:
Time Commitments
Participants may spend weeks or months filming, effectively putting their personal and professional lives on hold. It’s not unusual to see requirements for a “social media blackout” to avoid show spoilers and protect the producers’ investment in the show’s narrative.
Privacy Waivers
Participants frequently waive certain privacy rights to gather sufficient footage for a compelling storyline. This can mean continuous filming—even during off-camera downtime—and the possibility that personal details might appear in “behind-the-scenes” content.
Confidentiality Clauses
Producers generally require cast members to keep quiet about any inside information, especially plot details, and sensitive show content. These clauses often extend beyond mere non-disclosure and may include prohibitions against disparaging statements about the show. Violating confidentiality can trigger significant financial penalties.
Liquidated Damages
Contracts frequently include clauses specifying monetary penalties for certain breaches or early departures. For example, if a participant quits the show without an acceptable reason, they may owe a pre-agreed sum of money. These provisions serve to protect the production’s investment, deter breaches, and ensure participants remain committed.
Revenue-Sharing Provisions
Contracts sometimes require participants to share in any revenue generated from post-show fame. Whether through additional appearances, social media endorsements, or other publicity, producers often seek a portion of earnings that arise from the participant’s role on the show.
Spotlight on the Love Is Blind NLRB Complaint
Recently, I reviewed the complaint filed by NLRB Region 18 Director Jennifer A. Hadsall against Delirium TV and Kinetic Content, producers of Netflix’s Love Is Blind. The complaint alleges that the series' cast members are “employees” under federal labor law and that the producers “intentionally” misclassified them as non-employees, hindering their ability to organize or seek better working conditions. The complaint stems from unfair labor practice charges filed by cast members Nicholas Thompson and Renee Poche
According to the filing, participants could receive stipends up to $8,000 for remaining on the show. However, they had to sign agreements featuring broad noncompete, confidentiality, and “stay-or-pay” provisions—requiring cast members to refrain from making “derogatory comments” about the show and imposing steep penalties for early departure or breach of confidentiality. These penalties include up to $1 million per breach, as well as liquidated damages up to $50,000 if a cast member quits without a “legitimate reason.”
Potential Industry Impact
The case, Delirium TV LLC and Kinetic Content LLC and Nicholas Thompson and Renee Poche, case numbers 18-CA-322098 and 18-CA-329487, is pending before the NLRB Region 18. Should the Board find that participants are indeed employees, reality TV may become more expensive to produce—participants recognized as employees could negotiate better pay, benefits, and working conditions. This shift may prompt production companies to rethink how they structure these contracts and manage participants.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. If you have questions about your own legal obligations or rights in a reality TV contract, please seek professional legal counsel.
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