Zach Bryan’s biggest fears are coming true. If you’ve been following along with the major internet drama of the month, then you know that Grammy-winning Zach Bryan and Barstool podcast host and content creator Brianna “Chickenfry” LaPaglia split up last month, unleashing a fury of allegations about their time together. One of the most talked-about details of their acrimonious split has been a nondisclosure agreement that LaPaglia claims she was offered by Bryan and his legal team. In one of her revealing sit-downs on the BFFs podcast, which she hosts with Barstool founder Dave Portnoy (no stranger to controversy himself) and influencer Josh Richard, she said she was offered around $12 million to not publicly talk about Bryan or their relationship. The NDA is mentioned in one of the viral diss tracks released by Barstool, Portnoy, and Richards, titled “Country Diddy,” presumably referencing the allegations against disgraced hip-hop mogul Sean “Diddy” Combs. “All these NDAs you sound like a country Diddy,” the lyric goes.
“Brianna was offered a payout to sign an NDA to not talk about the breakup, the things that happened,” Portnoy says on an episode of the podcast, adding that she went back and forth on whether to accept the “life-changing money.” LaPaglia, who claims she was emotionally abused during the course of the relationship, ultimately turned down the money but said she was torn “from the get-go.”
“I was like, ‘Fuck you; I don’t want your money,’ but then I look at my family who obviously doesn’t have money and comes from nothing and they are like, ‘Take the money,” LaPaglia says. “I feel so stupid if I don’t take this money, but then I’m not going to be able to sleep at night if I take this dude’s money.” Bryan ultimately tried to get LaPaglia to sign an NDA to ensure that she not only couldn’t talk about their relationship but also couldn’t talk about herself publicly, which is how she essentially makes her living. For his part, Bryan hasn’t let the breakup slow him down either. He’s currently traveling across the country in the midst of his aptly named Quittin’ Time Tour. Bryan’s rep has also not responded to Vulture’s request for comment.
While NDAs are common practice in Hollywood and the entertainment industry at large, hearing about one being attached to a breakup involving abuse allegations has left people wondering how exactly these documents work. If LaPaglia had signed, would she even have seen the money in a significant way? How much would her life have really changed if she had agreed to keep quiet? Already, it’s clear that many people feel a connection to LaPaglia and her story. On TikTok, some women have even gone so far as to get their own versions of a tattoo of hers that reads “How Lucky Are We,” which Bryan references in his song “28.” Judy Poller, a co-chair of Pryor Cashman’s Family Law Group in New York, and Julia Swain, a family-law attorney and partner at Fox Rothschild in Philadelphia, answer all your burning questions about the confusing NDA on everyone’s mind.
Just how prevalent are NDAs in high-profile — or mid-profile — breakups?
“They are exceedingly prevalent,” Poller says, tying it all back to what either or both parties are worth.
NDAs are common among “people with a lot of money who are concerned that if things get out about them, it might tarnish their reputation,” she says. “People who may have done some untoward things in their relationship and don’t want that talked about. I would say it’s the rare prenup, postnup, or divorce agreement that doesn’t have some kind of confidentiality provision.”
So it’s about finances and confidentiality. But what is typically outlined in the NDA documents?
The basic standard written into most NDA relationship agreements is the provision not to disparage the other party. Poller says that depending on how tightly the agreement is drawn up, it could even mean not calling the other person an “asshole.” NDAs also often have provisions not to disclose anything financial information, anything learned during the course of the relationship, any misconduct witnessed, and any sexual proclivities the person might have. It may even prevent the person from discussing details of the NDA negotiations.
If someone signs an agreement for $12 million, when would they even see that money?
It varies. “If there is enough money, it can be a lump sum,” Poller says. “It can also be installment payments over periods of time.” Because we don’t know the details of Bryan’s finances, it’s difficult to speculate on how LaPaglia would have been paid, but based on the hostile split, the payments could be parceled out for a different reason. “Sometimes people like to spread payments out to insure enforceability of an NDA,” Poller says. “You only get paid if you are quiet.”
Does this mean that LaPaglia couldn’t talk about Bryan for a certain amount of time?
Yes — an NDA never expires. “I’ve never had one that’s time limited,” Poller says. “You want them never to talk about the other person for the rest of their life. They live in perpetuity.” LaPaglia, who makes her living talking about her personal life online, would clearly have been shut off from her income stream if she had signed. She said on the BFFs podcast that before the breakup, Bryan offered her double her Barstool salary if she would quit.
If LaPaglia did sign the NDA and then broke it, what would have happened?
She would have been on the hook to pay back the money received for signing the confidentiality agreement and might be liable for damages depending on how the agreement is worded. But proving additional damages might open up a “can of worms” — it would have likely meant Bryan bringing a court action, which may have resulted in the alleged bad behavior he wants hidden becoming public. If a person were to repeatedly break an NDA, they might even face criminal-contempt penalties and jail time depending on the facts, Poller says.
“It’s expensive, and you may not win. When you go to court in any state, you can try to get your case filed under seal so it’s private,” Swain adds. “But that’s a difficult thing to achieve: to get your case filed under seal just because you’re a celebrity.”
But LaPaglia is totally safe to talk about this freely since she didn’t sign it, right?
Yes. Even though LaPaglia has been very vocal about the breakup beyond just talking to her friends and family, she’s safe because she never actually signed the NDA in the first place. Poller and Swain say that NDAs usually insist on a person never discussing the NDA’s existence, but again, LaPaglia isn’t bound by something she didn’t even sign. Most documents address that a person might have discussed it with others before signing
“When we put agreements together, it’s from the signing of the agreement going forward, because most of the time people have talked about it already,” Poller says.
Is there any exception that would allow someone to break an NDA?
In the wake of the Me Too movement, various women came forward despite the fact that they had signed NDAs. Swain explains that an NDA can’t keep someone from reporting illegal acts.
“If you sign a contract, you’re required to be bound by it,” Swain says. “You can’t have an NDA to keep quiet about anything that’s void against public policy. You’re not allowed to do that.”
Related
The breakup updates aren’t going anywhere, so we asked a few NDA experts to breakdown the $12 million drama.
