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:
They 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.
They 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.”
KATE’S RATIONALIZATION
When faced with any kind of criticism about exploiting her children, Kate’s standard response has always been to say that any one of us would have done the same thing if we were presented with the opportunity to film a reality show. I wouldn’t bet on that.
The thought of having strangers around filming my family sounds repulsive and disgusting to me and would seem to be attractive only to someone seeking attention and fame. If my family were in dire need of money though, I would agree to take the meetings. However, after reading the terms in that first contract about Discovery having control over how my family dressed and acted and wore our hair, and how they would have total control over my family photos and videos, etc., that would have been the end of the conversation. I would have shown them the door without another word. As most normal, mediocre people trying to protect their family would do.
SIGN HERE – OR ELSE!!!
One of the great frustrations for people who are disgusted by Kate Gosselin’s actions and lies, and who are concerned for her children, is that almost no one has ever gone on record to tell what they know. With all of the gossip and tabloid rumors coming out over the years about Kate’s horrible behavior, and with accusations that she
abused her children being reported in the tabloids and online, many are baffled as to why not a single person close to the Gosselin family, or a single member of the TLC crew, or any of Kate’s present or former nannies, babysitters, cooks, cleaners, etc., would speak out to help the children.
It is difficult to understand how Kate could get away with all of the nasty and vicious things she has been accused of saying and doing without somebody spilling the beans. And yet, that is exactly what has happened. Kate continues to appear on television talk shows with her fake smile and her head held high, portraying herself as a victim and telling one lie after another, while blaming everyone but herself for everything bad that has been said about her, and every perceived wrong done to her. How is that possible?
The answer is really very simple. It is very likely that all those people who have witnessed her actions are afraid for their financial lives.
While the Gosselins were under contract with Discovery, anyone who had any contact at all with Jon and Kate, or came anywhere near their children – from lawn service technicians to their very own family and former friends – had to sign a Confidentiality and Nondisclosure Agreement. Anyone who signed this document agreed to not utter one word about anything they saw or heard while around the Gosselins.
While such agreements are standard entertainment industry practice, Kate Gosselin made sure to revise that legal document to make it better – for her. And she had the full legal muscle of Discovery Communications standing firmly behind her to enforce it.
So many people have disappeared from the Gosselin children’s lives because they couldn’t sit by any longer and watch Kate abuse and destroy their childhoods. But because they signed the Confidentiality Agreement, they couldn’t legally tell anyone about anything they ever saw Kate do. To do so would have meant exposing themselves to severe penalties and risking possible financial ruin.
Armed with the power of the Confidentiality Agreement, Kate knew she could do anything she wanted and get away with it. She paid very special attention to the wording of the Agreement and wanted additional, stronger wording added to ensure that it would be completely clear to anyone reading and signing it that they couldn’t talk about the Gosselin family. At all. EVER.
Even after at least one revision to the Confidentiality Agreement had already been made at Kate’s insistence, Kate continued to have concerns about the wording in the document. An email exchange between Kate and Wendy Douglas of Discovery in May of 2008 confirmed this when Kate expressed her strong opinion that she wanted the Confidentiality Agreement to be clearer in regard to people discussing “the Gosselin family.” Kate wrote to Wendy that she noticed the addition of the words “the Gosselin” family in a paragraph, but she still didn’t think it was clear enough.
Kate told Wendy that she was satisfied that anyone reading the Agreement would understand they could not talk about their participation in “the shoot,” and/or any plans for a particular TLC shoot; she also agreed that the Agreement made it clear that someone could not send out any press releases to benefit their own business. However, she was concerned that only a close reader would pick up on the fact that they were not permitted to discuss the family. Kate wanted to make absolutely certain that readers of the Agreement completely understood that they couldn’t discuss the Gosselin family at all. She wanted more flagging and attention paid to the Gosselin part of it because she felt that people NEEDED to know they were not permitted to discuss her family.
Wendy Douglas assured Kate that their Legal team felt the language in the Agreement covered Kate’s concerns, and that it applied to “all” information, not just “disparaging” information about the family. Through this Confidentiality Agreement, Discovery/TLC/Figure 8 Films and Kate threatened potential blabbermouths with massive lawsuits – in the millions of dollars – that would leave them homeless, according to Kate.
Some key points from the Confidentiality and Nondisclosure Agreement are summarized below. Anyone who signed this Agreement to be engaged by Figure 8 Films (the “Producer”) “to render services in connection with the production of the television series entitled ‘Jon & Kate Plus 8’ (the ‘Series’)” agreed to the following and more:
They would follow all of the Producer’s security procedures, and maintain and preserve the confidentiality and secrecy of all information and materials concerning the Series (whether the information or materials were confidential or not).
They would not participate in any publicity, press releases or press conferences, or speak with the press, about the Series or Confidential Information.
They would not sell any stories or Confidential Information about the Series to any third party.
They would reject any request from any third party (e.g., journalists, media representatives, book publishers or authors, or anyone who wrote for or published on the Internet) to disclose, confirm or deny any information covered by the Agreement. They were instructed to issue a “no comment” and immediately advise the Producer if they received any such request.
They would not participate in any way in the preparation or production of any materials, including books, magazine articles, newspaper articles, television shows, Internet Websites and any other form of media, about the Series.
They understood that any disclosure or misappropriation of any Confidential Information at any time was a violation of the Agreement and could cause the Producer and the Gosselin Family irreparable harm, and could adversely affect the reputation of the Gosselin Family, or the Series, or television ratings, and place the Producer and the Gosselin Family in breach of their respective agreements with third parties.
They understood that any monetary damages might not be sufficient to compensate the Producer or the Gosselin Family for the unauthorized use or disclosure of the Confidential Information and that “injunctive or other equitable relief would be appropriate to prevent any improper actual or threatened use or disclosure of the Confidential Information or other breach of this Agreement.” (In simple terms, they would get their pants sued off.)
They would not give any interviews or disclose any Confidential Information or any other information relating to the subject matter of the Confidentiality and Nondisclosure Agreement.
They would not give interviews or disclose information about their participation in the production of the Series without the prior written consent of Producer.
They would not disclose any of the following during the time they were connected with the Series or any time after their involvement with the Series had ended, “in perpetuity”: any non-public information about the Series; any information generally not known to the public that was developed by or disclosed to them by the Producer; any information the Producer told them not to disclose or confirm; and any information relating to the public or private lives of the Gosselins or of any of the Producer’s employees (this included, but was not limited to, personal affairs and relationships, the names and addresses of personal friends, personal and business schedules and appointments or the location of them, or professional or personal activities).
They understood that the provisions of the Agreement would survive even if their services in connection with the Series had expired or had been terminated.
They could only disclose Confidential Information in response to a subpoena or other legal process, but they would have to give the “Producer” written notice at least five business days before, specifying the Confidential Information to be disclosed.
If they violated the Agreement they would be liable for damages sustained by the Producer or the Gosselin Family as a result of the disclosure or misappropriation of any Confidential Information.
To sum things up, anyone who signed this Agreement was put under a permanent gag order to not disclose anything, ever, to anyone about anything they had seen, heard or experienced in relation to the show, the Gosselin family, the Producer, or any of the Producer’s employees, except if they were under subpoena to do so. If they violated the Agreement, th
ey would be sued.
To underscore the seriousness of this Agreement, I can give a personal perspective. I have received a threatening letter from Kate’s lawyers regarding the release of this book, and I have to admit, it was a pretty scary read. I have also received a Cease and Desist letter from Discovery’s legal representation. These actions were taken without me ever signing a single Confidentiality Agreement in connection with the show. It is no wonder that those who did sign the Agreement have remained quiet.
All the threats appear to have worked, because there has been almost complete silence from all of the people who have mysteriously vanished from the Gosselin’s lives.
KATE’S GOD COMPLEX
“Ours is a story that is encouraging to everyone who hears it! It is a story of God’s hope, grace and love in a time when there was a lot of uncertainty, fear and doubt! Anyone who listens can apply these same lessons in their own lives!”
– Kate Gosselin
I have included in this chapter some of Kate’s words from her books and journal. You will notice rather quickly that she refers to God and prayer extensively. For reasons that should be fairly apparent by now, Kate rarely, if ever, mentioned God during the actual filming of her reality shows. She does not mention Him now on her website or on Twitter. It is certainly an oddity considering how aggressively she cultivated her image of being so deeply devoted to her religion and God.
KATE GOSSELIN: HOW SHE FOOLED THE WORLD - THE RISE AND FALL OF A REALITY TV QUEEN Page 6
