Kitchen Nightmares Lawyers Threaten Infamous Samy And Amy If They Talk About Their Experience On The Show

from the hmmm dept

Tue, May 21st 2013 10:05am — Mike Masnick

Last week we wrote about the crazy mess that followed the recent episode of the show Kitchen Nightmares on Fox, in which the star of the show, Gordon Ramsay, actually walked away from Amy's Baking Company, after the owners, Samy and Amy Bouzaglo, didn't take well to any criticism. After the episode aired, they were further mocked on Yelp and Reddit (Yelp "haters" were a key part of the episode), and there was an explosion of anger on the restaurant's Facebook page, though the couple insists they were hacked.

Following all of this, however, the restaurant announced that it was doing a grand "re-opening" today, which involved a planned press conference and a "job fair" to try to hire 30 new workers. As the show noted, the Bouzaglos apparently have difficulty keeping staff employed for very long. However, the "press conference" has been cancelled. The couple claims it had to do with death threats they received, though it might have more to do with a very different kind of threat: a legal threat from the producers of the show, as reported by RadarOnline.

Lawyers representing the producers of Kitchen Nightmares, Upper Ground Enterprises, sent the couple a letter warning them that talking about the show would be a breach of contract:

We understand that you are planning a public event on May 21, 2013, at which you will discuss your experiences and your "unflattering portrayals" on the show. If you speak about the show without Upper Ground's and Fox's prior approval, and if you disparage the show, its host, or its producers, you will breach your obligations under Paragraph 10 of your Personal Release and Paragraph 14 of your Participant Agreement. These agreements prohibit you from speaking publicly about Kitchen Nighmares, other than to acknowledge "the mere fact of your participation in the Series in personal publicity relating to yourself." Your conduct exposes each of you to liability for liquidated damages of $100,000.

Hmm. While this is a reminder to be careful about what sorts of gag clauses you sign before you do anything, it still seems like a highly questionable move by the producers. The more they seek to silence the couple, the more it suggests that perhaps the portrayal wasn't entirely fair. Meanwhile, the more the couple is allowed to stay in the news, the better one would think it would be for the TV show. The couple's actions and statements on the episode were absolutely ridiculous and clearly showed a restaurant/ownership not worth patronizing. Since then, the couple's confirmed statements (even ignoring the Facebook comments, whether or not you believe they were the result of hackers) concerning Yelp have only served to confirm that the couple can't take any criticism and seem to think that bad reviews of bad food are the world out to get them.

The decision to call out the gag order in the contract to silence them seems ridiculous by Fox. Even if the couple trashed the show (as expected), does anyone think that the couple has even the slightest credibility at this point? No one believes them. Pulling out the gag order makes the show look like it has something to hide.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: amy bouzaglo, contracts, gordon ramsay, kitchen nightmares, samy and amy, threats
Companies: amy's baking company, reddit, upper ground enterprises, yelp

36 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Anonymous Coward, 21 May 2013 @ 10:11am

Let 'em say what they want
I believe the attitude of this wrecking crew is 'doing what they think is right, no matter what'.

So let 'em speak and let 'em get sued by Fox and friends. If they are telling the truth, they'd have that truth as a defence....right?
[ link to this | view in chronology ]
- Doug D (profile), 21 May 2013 @ 10:23am
  
  Re: Let 'em say what they want
  I don't think you could use "truth as a defense" if Fox sued. The key term is "disparage the show" and they would be sued under breach of contract, which isn't the same as defamation. But then I'm not a lawyer nor do I play one on TV.
  
  As far as it being a good decision to trot out the gag order,this is the same Fox that wigged out about non-licensed Jayne hats so I'm convinced they really don't understand publicity or want a fan base.
  [ link to this | view in chronology ]
- Anonymous Coward, 21 May 2013 @ 12:41pm
  
  Re: Let 'em say what they want
  Truth isn't a defense to breach of contract, only to libel.
  [ link to this | view in chronology ]
TheLastCzarnian (profile), 21 May 2013 @ 10:23am

No more Fox for me...
Yep, I was on a Fox show. Back in the 90's, before they went psycho.
No, I won't be on another one. I hope others feel the same.

Good luck doing reality shows when real people won't work with you for fear of litigation.
[ link to this | view in chronology ]
- Anonymous Coward, 21 May 2013 @ 11:54am
  
  Re: No more Fox for me...
  They don't need real people, they have all their viewers and the GOP to draw from.
  [ link to this | view in chronology ]
  - Anonymous Coward, 17 Oct 2013 @ 8:14pm
    
    Re: Re: No more Fox for me...
    Shove your political babble where the sun don't shine.. Like you're a "real"person!!
    [ link to this | view in chronology ]
- davnel, 21 May 2013 @ 12:48pm
  
  Re: No more Fox for me...
  There's always some idiot who cares more about "being on TV" than the contents of some document they had to sign, didn't understand a single word of, and therefore didn't care. There'll always be fodder for such shows.
  .
  [ link to this | view in chronology ]
Anonymous Coward, 21 May 2013 @ 10:24am

I believe Kitchen Nightmares has been sued before by someone who claimed that the show's production staff created some of the problems at the restaurants just so that Chef Ramsey could look good fixing them.

With the couple of episodes I've seen of the show I wouldn't be surprised if that was somewhat true. Since two of them had kitchens/storage rooms so filthy you had to ask "they've been able to pass health inspections how exactly?".
[ link to this | view in chronology ]
- Paul, 5 Dec 2014 @ 5:36pm
  
  Re: KN
  "I believe KN has been sued before..."
  
  Are you able to clarify this? What is your source?
  
  Or is this just gossip?
  
  If you don't know something then it's usually best to keep quiet rather than just make things up for effect. Isn't that part of the point you're trying to make yourself?
  [ link to this | view in chronology ]
Joshua Bardwell (profile), 21 May 2013 @ 10:25am

If I had to guess, the reason for the quash is that the producers don't want details of the show's production to be revealed. Everybody knows that the producers of these shows edit things together and otherwise manipulate the outcome, but kind of like pro wrestling used to be--we all kind of ignore it in the interest of being entertained. If details of the manipulation come out, such as, "the producers planted those spoiled veggies," or what-have-you, it may ruin the viewer's ability to suspend disbelief. Even though Amy has zero credibility, reality show producers aren't exactly high on the list of trustworthy people, and the things she may reveal may ring true enough to hurt the show.
[ link to this | view in chronology ]
- Joshua Bardwell (profile), 21 May 2013 @ 10:27am
  
  Re:
  ... for example, what if it was revealed that all of the patrons in the dinner services were actually paid actors who had been prepped to either like or dislike the foot? How would that affect one's enjoyment of the show?
  [ link to this | view in chronology ]
  - Anonymous Coward, 21 May 2013 @ 10:42am
    
    Re: Re:
    The show is pretty upfront about the dinner services being more crowded than usual because "word that Gordon Ramsay is in the restaurant has gotten out." I don't suspect that the diners are hired, but they are probably more selective in their tastes than the usual clientele at these restaurants, being Gordon Ramsay fans and all. Or perhaps they're just more inclined to complain, being Gordon Ramsay fans and all.
    [ link to this | view in chronology ]
    - crade (profile), 21 May 2013 @ 10:49am
      
      Re: Re: Re:
      Either way, evidence that reality shows are rigged doesn't seem to really affect the people who like them much..
      [ link to this | view in chronology ]
      - MissingFrame, 21 May 2013 @ 12:40pm
        
        Re: Re: Re: Re:
        If it wasn't rigged it would be called a documentary.
        [ link to this | view in chronology ]
  - Anonymous Coward, 21 May 2013 @ 11:13am
    
    Re: Re:
    I don't know about Kitchen Nightmares, but Hell's Kitchen IS a bunch of out of work actors and family/friends of people on the staff. There is no actual Hell's Kitchen restaurant, it's just part of a TV recording studio.
    
    That's why some of them seem like they're there just to make a big enough fuss to get themselves on TV, because they are.
    [ link to this | view in chronology ]
    - Fushta (profile), 21 May 2013 @ 11:53am
      
      Re:
      I don't know about Kitchen Nightmares, but Hell's Kitchen IS a bunch of out of work actors and family/friends of people on the staff. There is no actual Hell's Kitchen restaurant, it's just part of a TV recording studio.
      
      That's why some of them seem like they're there just to make a big enough fuss to get themselves on TV, because they are.
      
      I've always thought this was true. It's like they raid the out-of-work (or over-aged) modeling agencies in LA.
      [ link to this | view in chronology ]
    - Anonymous Coward, 21 May 2013 @ 11:59am
      
      Re: Re: Re:
      "There is no actual Hell's Kitchen restaurant"
      
      There was never purported to be one, at least in the UK version.
      [ link to this | view in chronology ]
Anonymous Coward, 21 May 2013 @ 10:29am

Since two of them had kitchens/storage rooms so filthy you had to ask "they've been able to pass health inspections how exactly?".

Probably through a negligent or understaffed/overworked state health department.
[ link to this | view in chronology ]
- weneedhelp (profile), 21 May 2013 @ 11:24am
  
  Re:
  500 bucks in an envelope doesnt hurt either.
  [ link to this | view in chronology ]
  - Anonymous Coward, 21 May 2013 @ 12:09pm
    
    Re: Re:
    Yeah. That, too.
    [ link to this | view in chronology ]
Anonymous Coward, 21 May 2013 @ 10:31am

Such gag agreements should be illegal. They're only understandable when they apply to talking about the show before the air date. But saying "you can't say anything about the show except that you were in it" and "you can't disparage the show or anyone associated with it" has zero societal benefit, and causes societal harm.
[ link to this | view in chronology ]
Anonymous Coward, 21 May 2013 @ 11:02am

So they can't talk about the show WHILE Disparaging the Show, Host or Producers. And they agreed to this.

If they want they can talk about the show while NOT Disparaging the show, without issue.
[ link to this | view in chronology ]
weneedhelp (profile), 21 May 2013 @ 11:23am

Touch it!!!
Its RAW!!!!
[ link to this | view in chronology ]
- Anonymous Coward, 21 May 2013 @ 7:14pm
  
  Re: Touch it!!!
  You takin' the piss?
  
  It's so simmm-pollllll!
  [ link to this | view in chronology ]
Anonymous Coward, 21 May 2013 @ 11:54am

I was at a taping for Kitchen Nightmares and I didn't see anything set up that I was aware of. In fact, the producers wanted to make sure that people weren't just going to send stuff back, just to be on camera and talked about that before service started. So, to me, it seemed like they were trying to keep it more realistic.
[ link to this | view in chronology ]
Yeah Right, 21 May 2013 @ 2:52pm

Having worked on similar shows, I am pretty sure that the production company has plenty of things to hide.
[ link to this | view in chronology ]
horse with no name, 21 May 2013 @ 5:45pm

You don't get it
I think they are playing all of you including the media at this point. Both sides are getting plenty of attention, and I can bet that kitchen nightmares is now a very popular topic of discussion.

It's funny when the guy who apparently coined the Steisand effect is in fact getting played in the same way.
[ link to this | view in chronology ]
- Anonymous Coward, 21 May 2013 @ 5:56pm
  
  Re: You don't get it
  Attention or otherwise isn't the point of this discussion. The point is someone acting stupid (irresponsible posts on Facebook, in this case) and then attempting to draw attention away from it. People will discuss it but not for the reasons they'd like to.
  [ link to this | view in chronology ]
- Anonymous Coward, 21 May 2013 @ 8:25pm
  
  Re: You don't get it
  "Meanwhile, the more the couple is allowed to stay in the news, the better one would think it would be for the TV show."
  
  Reading is hard.
  [ link to this | view in chronology ]
  - horse with no name, 21 May 2013 @ 11:04pm
    
    Re: Re: You don't get it
    They still don't get it - I wouldn't be shocked if this was set up to specifically go viral. You know, not an accident, but a planned issue.
    [ link to this | view in chronology ]
    - Anonymous Coward, 22 May 2013 @ 4:58am
      
      Re: Re: Re: You don't get it
      That's still got fuck all to do with the "Steisand[sic]" effect. Are you sure you know what it is? Maybe the wikipedia article will help.
      [ link to this | view in chronology ]
Corwin (profile), 22 May 2013 @ 5:08am

ROTFLMAO
This is so funny ... A media company that wants to shut up the people that THEY talk about?

Free speech, yeah right
[ link to this | view in chronology ]
Anonymous Coward, 22 May 2013 @ 3:12pm

After hearing the things my kids try to pawn off on me as excuses...
I always wondered that if those 2 were in some kind of 'gangster/mob boss' type trouble, and if they keep themselves in the limelight, maybe they won't get bumped off and not thought twice about.

However, if they are well known accross the country, the hit men wouldn't dare expose themselves to this much pagentry.

Naa...they are just a couple of old people determined not to just 'fade away as a nobody'.
[ link to this | view in chronology ]
click here, 26 Jun 2013 @ 9:07am

Would that be an obsession inside the kitchen?
[ link to this | view in chronology ]
Modular kitchen South India, 30 Jul 2013 @ 12:35am

The main feature in almost any type of kitchen will certainly be the cabinetries, which is crucial and first step to begin cooking area. Many of the purchasers never ever consider the closet part, because they don't see the closets behind the shutters whatsoever. You cooking area style and format by Modular Kitchens Bangalore will totally based upon the closets you are going to have in your kitchen.
[ link to this | view in chronology ]
jamie458 (profile), 13 May 2020 @ 3:40am

https://home-primo.com/russell-hobbs-25111-eclipse-polished-stai
Russell hobbs stainless electric kettle has two colour they are Eclipse polished stainless steel, and midnight blue ombre. The eclipse effect is when the sun and the moon are aligned. The gradual blend of colour creates a blue ombre effects.It has a rapid boiling function.it means it boiled a cup of water 45 seconds (one cup of water means 235ml water). Russell hobbs hot water kettle is very light weight .it is only(1.44kg).Water capacity is (1.7 litters).This electric kettle is (3000 watts).And kettle save up to 66% energy.This kettle height is 24.5cm,length is 22.5cm and diameters is 15.8cm.
[ link to this | view in chronology ]