Updated 1/15/26
The article below was originally published 4/3/14, before the implementation of SAG-AFTRA’s Standards and Protocols for the use of Intimacy Coordinators.
Find additional information on Intimacy Coordinators and more resources for nudity and sex scenes at the following links:
Intimacy Coordinator Resources
SAG-AFTRA 2025 Intimacy Coordinator Agreement
Quick Guide for Scenes Involving Nudity and Simulated Sex
Sex, Nudity, and You: Know Your Rights
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Our friends over at Film Independent asked us about nudity in film, and we had much to tell them.
Are the descriptions of nudity and sex in a script sufficient detail to be transcribed into a rider, or should the producer work out more specific details?
The producer should always, ALWAYS explain in more detail: All of the action that’s going to occur, how it’s going to be shot, who’s going to be present – these details aren’t in a script. It’s also worth mentioning that when a nudity or sex scene is being shot, it must be done so on a closed set. And always have a designated robe person for in-between takes.
Does the clause need to define a difference between what will be shot and what will inevitably end up in the final edit?
The clause pertains to any and all nudity work being shot. What you end up using of the footage is really up to you. That said, you can’t falsely represent a performer’s nude body—i.e. digitally placing an actor’s head on another’s body.
Can the nudity section (section 43) of the SAG-AFTRA Basic Agreement serve as a sufficient contract agreement if both the producer and actor agree?
Section 43 does not serve as a sufficient contract between the performer and producer. Prior written consent of the performer is required in the form of a letter or rider that outlines the actions of the nudity or sex scene that will take place.
Can a producer draft the nudity rider or does the producer need to hire an entertainment lawyer to properly draft this additional contract agreement?
It’s always advisable to have a lawyer at least look over a rider or any other contract. When hiring a lawyer isn’t possible, the producer can draft it on his or her own. Ultimately, the performer and the performer’s representation will need to sign off on it.
Are there boilerplate contract forms or a standard way of drafting this additional contract clause? If so, is it available through SAG-AFTRA?
There’s a standard nudity clause provided by SAG-AFTRA that outlines everything. That said, there really isn’t a sample nudity rider that exists on SAG-AFTRA’s end. The best idea is to draft up exactly what’s going to take place and present it to your SAG-AFTRA Business Representative for review.
What if your actor gets cold feet on the day you are scheduled to shoot the nude scene and decides to back out?
If a performer gets cold feet and decides not to do the scene, they have the right to do so. But the producer also has the right to hire a body double to replace the performer for that scene. That body double must sign a nudity rider and perform the scene exactly as outlined in the rider. But if a performer gets cold feet AFTER the scene has been shot, they don’t have a right to keep the footage from being used.
One last note: Producer discretion is advised. As every filmmaker is different, so is every film project. It’s highly advisable that producers go over everything regarding their film (nudity specifically) with their SAG-AFTRA Business Representative in great detail. They are the keepers of the contract and pretty much the law of the land as it pertains to the signatory process. SAGindie does not oversee, enforce, interpret or make assumptions on those contracts.
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