The question is, what is the proper remedy for a company that hires a woman to be a nude maid (or a nude news broadcaster) if she arrives and does not perform?
If a regular maid arrived at a place of employment and was ordered to take off her clothes, it would almost certainly be harassment. (I hope so, anyway.) If she signed a contract to do it, up front, it isn’t.
The actress would correspond to the bra fitter in your example, not to the customer. If you hired a bra fitter who refused to fit bras because they were uncomfortable handling breasts, would you continue to pay them for that job?
The real question here seems to be about the consequences. If you hire a bra fitter, or a gynecologist, or a nude art model, or whatever, and they refuse to do the job they signed up for, you can hire someone else. It would be reasonable to pay them nothing if they refuse. But the idea of massive financial penalties on top of being paid nothing makes me uncomfortable.
How common are contracts with such penalties? Do any athletes have contracts that require them to play (putting them in physical danger) or face a massive penalty in addition to forfeiting all the money that was offered on the condition that they play?
Agreed. As a former hospital service manager I have a long history of formulating and reading contracts and job descriptions. I know from experience how important the details of a contract are. I used to advise nurses who were going to work in the Arabian Gulf States to have their proposed contracts checked over by their own professional body or a lawyer. It’s worth the small fee for the assurance that you have not missed any nuances and small print.