Unusual Contracts

One of the most famous and unusual contracts is one that the rock band Van Halen used with their promoters. Most clauses in their contracts had standard conditions for holding a concert—sound and lighting requirements, security requirements, etc. But they also had a clause requiring that M&M’s candy—with all brown M&M’s removed—be provided for band members. The press often made fun of this clause, but later the band defended this clause as a way to ensure that promoters read the full contract and took it seriously.
Do some research and try to find the most unusual, silly, or ridiculous contract that you can. Professional sports and celebrity prenuptial agreements are the most notorious areas for unusual contract clauses. You may choose one of these as your example, but try to find an example from another area if you can. Share the link with your classmates and discuss what you find unusual or silly about this contract. Then use the background materials to explain what you think the two sides in the contract were thinking when they agreed to the terms and what purpose the silly or unusual contract considerations serve. Cite at least one of the background readings in your answer.
Responses: (respond in 100 words each)

1. Fake Name and New Seat

Fannie Richardson

Hello Everyone,
I have looked at a lot of contracts and was trying to make a decision on which I thought was the best fit for me to write so I came to the webpage of www.tiptoptens.com and thought that I would find a good one and I did. I feel Mary J. Blige on the two things that she asks for with her contract. She states that “she wants to check into every hotel under a different name”. Which I can totally understand but at the same time I know that is costly every time to have to have a different name. She also states in the contract ” she wants a new toilet seat installed in all the venues she would play at”. I do not blame her at all. I am a very particular person as well and I have raised my kids the same as well. But think about it when you go to a restaurant the first thing I do is go to the restroom for two reasons 1. To see how clean it is 2. To use the bathroom of course. If the restroom is a mess and not cleaned I know for a fact that the food and the employees are not clean and sanitized at all. So I feel what she is requesting at this point.
http://thesmokinggun.com
-Fannie

2. Dustin Diamond Screeching to a Halt

Ryan Lafever

I found one that I thought was a bit interesting, and a little cumbersome. Probably a reason why we don’t see this guy around much anymore:
http://www.tiptoptens.com/2013/08/16/top-10-unusual-contracts-in-the-world/
“More popularly known as Screech from Saved by the Bell, Dustin Diamond makes it a point to include in all his contract demands that there cannot be any references made to his screen character Screech. This would apply to the times when he would be doing stand up comedy acts. In fact, should any mention or make reference to his character Screech; he posts a penalty amounting to 100 dollars.” (© Copyright TipTopTens.com 2016)
Here’s my take on this. Not only is it a bit weird that he’s so adverse to his own accomplishments, but he probably makes it a bit difficult for people to advertise his performances. I get it, I guess, he wants Dustin Diamond to be famous, not “that guy who used to be Screech from Saved by the Bell”, but on the other hand, it’s what he’s known for.
As an added bonus, he’s creating a situation that will likely make potential venues a little nervous about having him there. He’s penalizing people for mentioning his claim to fame. I wouldn’t recommend including these kinds of things in a contract. They generally make people think twice about working with you more than once.

3. Amazon Zombie Clause?

Krystle Villano

Good evening,
First, this assignment so far has made me giggle uncontrollably at the craziness that has really been written. Second, I have been thinking about the contracts I have signed without reading, I don’t think I will be doing that in the future.
The clause I found most unusual and fun is in the terms of service agreement for Amazon’s stipulations on the safe use of lumberyard materials in section 57.10 (Dean, 2017). This is an example of an express contract; “a stated written or oral contract” with an exculpatory clause; “relieves one or both parties in a contract of being sued for ordinary negligence” (Pearson, 2014).
“However, this restriction will not apply in the event of the occurrence (certified by the United States Centers for Disease Control or successor body) of a widespread viral infection transmitted via bites or contact with bodily fluids that causes human corpses to reanimate and seek to consume living human flesh, blood, brain or nerve tissue and is likely to result in the fall of organized civilization.”
I never really considered that the fine print could be humorous. Amazon took it to the next level with this zombie clause, ensuring the restrictions will, in fact, not apply in the event of reanimated previously dead persons are taking over the world as we know it. The link to this wonderful tidbit of information is below.
https://www.onelegal.com/blog/fantastic-clauses-hidden-in-contracts-and-eulas/
Reference:
Contract law. (2014). Pearson Learning Solutions. New York, NY

Dean, L. (2017). 10 Fantastic hidden clauses in contracts and end user license agreements. Retrieved March 30, 2018, from https://www.onelegal.com/blog/fantastic-clauses-hidden-in-contracts-and-eulas/