may 8, 2023 - Nudity Rider Provided to Lively’s Counsel by Wayfarer Studios

Description:

"107. The Screen Actors Guild (“SAG-AFTRA”) states that producers must provide
actors at least 48 hours’ notice before call time to review and negotiate a nudity rider. A Nudity
Rider approved by the SAG-AFTRA intimacy coordinator working on the production was
provided to Lively’s counsel on May 8, 2023. Wayfarer’s attorney communicated that they would like it signed by May 11, 2023 and requested they send any notes they may have. On May 12, 2023, Lively’s attorney finally responded that they were reviewing the Nudity Rider and would come back with notes. Their focus then shifted to ensuring Lively’s fee was deposited in escrow, and they became fixated on that, despite Wayfarer’s repeated requests for Lively to sign the customary Certificate of Engagement (Footnote 18) first. Ultimately, despite constant pursuit, it became clear that Lively had no intention of signing the Nudity Rider or her contract at that time.

Footnote 18: When working with an actor who may take time to sign the main actor agreement, it is customary to send a
certificate of engagement to protect the copyright of the film. Wayfarer negotiated the terms of said certificate of
engagement but, though it was approved by Lively’s counsel, never received a signed copy."

(see page of original lawsuit 61-62)

"May 8, 2023: Lively’s attorney is provided with a Nudity Rider, in which Wayfarer includes the
intimacy-coordinator-approved Nudity Rider, followed by written confirmation of the approval.
(For clarity, providing the “intimacy-coordinator-approved Nudity Rider” serves as confirmation
that Lively and the intimacy coordinator discussed and mutually approved the sex scenes.)

Notably, the sex scenes scheduled for the week of May 8, 2023, had to be rescheduled multiple
times due to illness and subsequent strikes. As a result, they were ultimately Filmed in January
2024, meaning no sex scenes were shot during Phase 1 (May 15-June 27, 2023). "

(see page 22 of revised lawsuit exhibit A)

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