A nudity clause/nudity waiver is a paragraph or a section in a performer's legal contract that stipulates which parts, if any, of the performer's body are to be exposed during a theatrical, television, cinematic, or other type of production. The clause may stipulate that a performer will not be required to perform in the nude, or it may specify that a performer is not allowed to perform in the nude. Nevertheless, a character they play may appear to be nude by the use of a "body double" in place of the performer during a nude scene or the use of a flesh-colored bodystocking or a pubic area-covering merkin. Sometimes a performer will refuse to accept a role which involves nudity.
Most performing contracts stipulate which body parts may be used in the final product.[1] This may, for example, be the back above the waist, include the hands, neck, profile, etc. They may also specify which parts cannot be shown—such as buttocks, breasts, pubic hair, etc. There are strict union guidelines around on-set nudity, which requires actors to be told of any nude scenes well in advance and nudity waivers require directors to itemize exactly what will be shown and how.[1]
At times, exposure of each body part is given a commercial value and open to negotiation.[1] In 2001, Halle Berry appeared in the film Swordfish, which featured her first nude scene.[2] At first, she refused to be filmed topless in a sunbathing scene, but she changed her mind when Warner Bros. raised her fee substantially.[3] The brief flash of her breasts reportedly added $500,000 to her fee.[4] Berry, however, denied this,[2] explaining that after turning down numerous roles that required nudity, she decided to make Swordfish because her husband, Eric Benét, supported her and encouraged her to take risks.[5]