Bad artists are trapped in storm cooperation merchants have the right to stop loss according to law

There are also stars "cool" because of the scandal. After Li Yifeng was detained and exposed many times, the business endorsement brand quickly "cut". According to incomplete statistics, more than ten brands such as Kyoto Nianci, True Fruit, comfortable, Liufu Jewelry, and Prada have successively announced the termination of cooperative relationships with Li Yifeng. In addition, Li Yifeng's starring movie "Playground" was originally scheduled to be released in 2023, and now it has become unknown. ("Beijing Business Daily" September 12)

Whenever the star "self -contribution" is in a negative storm, the merchants who cooperate with them will suffer a lot of joint damage. The cooperation between merchants and celebrities is to help themselves use the positive image of the other party. Once the stars are "collapsed" because of the scandal, the goodwill image of the merchant will inevitably be affected and suffer economic losses. As a party hiring a star, there is no reason to pay for the mistakes made by the stars themselves. Legally, completing "cutting" is the most natural and reasonable choice. Between stars and merchants, there are generally signed endorsement contracts, which clarifies the rights and obligations of both parties. In order to safeguard their own brand interests, when the merchants invite celebrities to endorse, they generally add moral clauses to the contract. Once the stars are trapped in bad events, the brand can unilaterally cancel the contract. This "cutting" according to the contract does not constitute a breach of contract.

In fact, when the stars "collapsed the house", the merchant was only "cut", which was not enough to completely restore the loss. The Civil Code stipulates that if the parties do not fulfill their contractual obligations or do not meet the contract obligations, they shall bear the liability for breach of contracts such as continuing to perform, taking remedial measures or compensation for losses. Considering that once the stars are illegal, it is basically impossible to continue to perform. In this case, the stars need to compensate the other party's economic losses.

Generally speaking, the endorsement fees received by the stars should be refunded, and the refund of this part will be refunded. Some merchants set the "rights protection clauses" in the endorsement contract. After clarifying the stars' adverse incidents, when the contract is terminated, Party A "has the right to ask Party B to return the endorsement fee of Party A's expenditure and ask Party B 20%of the liquidated damages of endorsement fees ". In all fairness, considering the damage of the brand goodwill caused by the scandal star to the spokesperson, such a default clause is not excessive.

In addition to endorsements, many stars also play the role of some film and television works. Once the accident, the film that has been released, subsequent release, etc. will encounter difficulties, and the works that have not been released will be in a very embarrassing situation. If the filmmaker wants to release as soon as possible, it may have to remove the drama of the stars involved in the incident. The replacement of people can not only have a very difficult technical difficulty, but also bring serious economic impact on the film. In this case, as the producer of the film, the right to ask the star to bear the liability for breach of contract according to the contract signed to make up for its economic losses. According to media statistics, in recent years, 17 TV series have been "stalling" due to inferior artists, and the production cost of many TV dramas has reached hundreds of millions of yuan. For these stars, we must not only bear the liability for liability for huge compensation, but also bear serious consequences such as fans and removing circles.

Merchants have no ability to judge whether a star will commit crimes in advance. In the rule of law, the most secure and reliable way is to pick up legal weapons. In order to safeguard their own interests, merchants need to improve their cooperation agreements with celebrities in accordance with the provisions of the Civil Code, especially clarify the rights of moral terms and unilateral termination of contracts, and protect their brands and goodwill in accordance with the law. Of course, the most fundamental solution is to allow celebrities to love themselves and strictly observe the laws and regulations, and do not touch the legal red line and moral bottom line.

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