Cabaret Rulebook 07-11 - Actors
Cabaret Rulebook 07-11 - Actors
Cabaret Rulebook 07-11 - Actors
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<strong>Actors</strong>’ Equity Association<br />
AGREEMENT AND RULES<br />
GOVERNING EMPLOYMENT<br />
UNDER THE<br />
CABARET<br />
AGREEMENT<br />
Effective Date: October 15, 20<strong>07</strong><br />
Expiration Date: October 16, 20<strong>11</strong><br />
NATIONAL OFFICE<br />
165 West 46 th Street<br />
New York, NY 10036<br />
(212) 869-8530<br />
Fax (212) 719-9815<br />
Chicago, IL 60603<br />
Suite 1500<br />
125 South Clark Street<br />
(312) 641-0393 phone<br />
(312) 641-6365 fax<br />
San Francisco, CA 94104<br />
Suite 900<br />
350 Sansome Street<br />
(415) 391-3838 phone<br />
(415) 391-0102 fax<br />
Los Angeles, CA 90036<br />
Suite One<br />
5757 Wilshire Boulevard<br />
(323) 634-1750 phone<br />
(323) 634-1777 fax<br />
Orlando, FL 32821<br />
10319 Orangewood Boulevard<br />
(4<strong>07</strong>) 345-8600 phone<br />
(4<strong>07</strong>) 345-1522 fax<br />
www.actorsequity.org
Table of Contents<br />
1. ACTOR'S OBLIGATION ................................................................................................................1<br />
2. AGENTS ........................................................................................................................................2<br />
3. ALIENS ..........................................................................................................................................2<br />
4. ANNOUNCEMENTS......................................................................................................................2<br />
5. ARBITRATION...............................................................................................................................2<br />
6. AUDITIONS AND INTERVIEWS ................................................................................................... 3<br />
7. BILLING AND PROGRAMS...........................................................................................................9<br />
8. BINDING EFFECT OF AGREEMENT ......................................................................................... <strong>11</strong><br />
9. BLACKLISTING ........................................................................................................................... <strong>11</strong><br />
10. BREACHES BY PRODUCERS ................................................................................................... <strong>11</strong><br />
<strong>11</strong>. CALLBOARD ............................................................................................................................... 12<br />
12. CHANGES IN CAST: ANNOUNCEMENTS ................................................................................. 12<br />
13. CHORUS: ADDITIONAL COMPENSATION PROVISIONS......................................................... 13<br />
14. CLAIMS ....................................................................................................................................... 14<br />
15. CLOTHES AND MAKE-UP .......................................................................................................... 14<br />
16. CONTINUOUS EMPLOYMENT................................................................................................... 16<br />
17. CONTRACT................................................................................................................................. 17<br />
18. CONVERSION RIGHTS ..............................................................................................................18<br />
19. DANCE CAPTAIN........................................................................................................................ 20<br />
20. DEFAULTING EMPLOYER .........................................................................................................20<br />
21. DEFINITIONS .............................................................................................................................. 21<br />
22. DEPUTIES AND EQUITY MEMBERS: NO DISCRIMINATION ................................................... 21<br />
23. DEPUTIES AND EQUITY REPRESENTATIVES ........................................................................ 22<br />
24. DUES AND INITIATION FEES .................................................................................................... 22<br />
25. DUTIES OF THE ACTOR ............................................................................................................22<br />
26. EQUAL EMPLOYMENT OPPORTUNITY/NON-TRADITIONAL CASTING/NON-<br />
DISCRIMINATION .............................................................................................................................. 23<br />
27. EQUITY: SPECIAL PROVISIONS ............................................................................................... 24<br />
28. EXCLUSIVE SERVICE OF THE ACTOR .................................................................................... 25<br />
29. HEALTH BENEFITS .................................................................................................................. 25<br />
30. HOUSING .................................................................................................................................... 26<br />
31. ILLNESS AND SICK LEAVE........................................................................................................ 28<br />
32. INJURY & SUPPLEMENTAL WORKER’S COMPENSATION..................................................... 30<br />
33. INTIMIDATION ............................................................................................................................ 30<br />
34. JUVENILE ACTORS.................................................................................................................... 31<br />
35. LAY-OFF: CHRISTMAS AND HOLY WEEKS (EASTER AND JEWISH NEW YEAR)................. 31<br />
36. LAWS GOVERNING.................................................................................................................... 32<br />
37. MILITARY SERVICE; OF THE ACTOR....................................................................................... 32<br />
38. MORE REMUNERATIVE EMPLOYMENT................................................................................... 32<br />
39. MOTION PICTURE RIGHTS ....................................................................................................... 33<br />
40. NO LOCKOUTS OR STRIKES .................................................................................................... 33<br />
41. NUDITY ....................................................................................................................................... 33<br />
42. NUMBER IN CAST ...................................................................................................................... 34<br />
43. PENSION..................................................................................................................................... 35<br />
44. PERFORMANCES ...................................................................................................................... 35<br />
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45. PHOTOGRAPHS AND PUBLICITY............................................................................................. 36<br />
46. PRODUCTION PROSECUTED................................................................................................... 37<br />
47. PROPERTY; REIMBURSEMENT TO ACTOR ............................................................................ 38<br />
48. RECORDINGS USED IN PRODUCTION .................................................................................... 38<br />
49. REHEARSALS............................................................................................................................. 39<br />
50. REOPENING OF A PRODUCTION............................................................................................. 42<br />
51. REPLACEMENT OF ACTOR. ..................................................................................................... 42<br />
52. REPORTS. .................................................................................................................................. 43<br />
53. REST PERIODS .......................................................................................................................... 43<br />
54. SAFE AND SANITARY CONDITIONS OF EMPLOYMENT......................................................... 44<br />
55. SALARIES ................................................................................................................................... 49<br />
56. SECRET VOTE ........................................................................................................................... 53<br />
57. SECURITY AND SECURITY AGREEMENTS ............................................................................. 53<br />
58. SERVICE DURING THE PERFORMANCE ................................................................................. 53<br />
59. SOCIAL SECURITY/UNEMPLOYMENT INSURANCE ............................................................... 54<br />
60. STAGE FIGHTING ...................................................................................................................... 55<br />
61. STAGE MANAGERS/ASSISTANT STAGE MANAGERS............................................................ 56<br />
62. TELEVISING, RECORDING, AND MOTION PICTURE FILMING............................................... 61<br />
63. TERM OF EMPLOYMENT........................................................................................................... 63<br />
64. TERMINATION (SEE RULE 38, MORE REMUNERATIVE EMPLOYMENT) .............................. 63<br />
65. TRANSPORTATION AND BAGGAGE ........................................................................................ 66<br />
66. UNDERSTUDIES ........................................................................................................................ 69<br />
67. UNION EMBLEM ......................................................................................................................... 70<br />
68. UNION SECURITY ...................................................................................................................... 70<br />
69. VACATIONS: ............................................................................................................................... 70<br />
70. DURATION .................................................................................................................................. 71<br />
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AGREEMENT AND RULES GOVERNING EMPLOYMENT IN CABARET PRODUCTIONS<br />
RECOGNITION<br />
The Producer recognizes <strong>Actors</strong>' Equity Association (hereafter "AEA" or "Equity") as the exclusive<br />
representative of the <strong>Actors</strong> (Principals, Chorus, Stage Managers, Assistant Stage Managers, Dance<br />
and Fight Captains, Swings, Understudies) employed by the Producer, for the purpose of collective<br />
bargaining and the administration of matters within the scope of this Agreement.<br />
USE OF CABARET AGREEMENT<br />
This Agreement is applicable only to productions presented in <strong>Cabaret</strong>-style Theatres. Equity<br />
reserves the right to determine when the use of this Agreement will be permitted.<br />
1. ACTOR'S OBLIGATION<br />
(A) Nothing contained in any employment contract signed by any Actor shall be construed so as<br />
to interfere with the carrying out of any obligation which an Actor owes to Equity by virtue of the<br />
Actor's membership, and the Producer shall not only not request or require any Actor to do any<br />
act or thing forbidden by the Constitution and By-Laws of Equity or by the Rules or orders of<br />
Equity, or orders of its authorized executives, but will require the Actor to do and/or assent to the<br />
Actor doing any and all acts required by the foregoing.<br />
(B) The Producer further agrees the Producer has notice that:<br />
(1) The Associated <strong>Actors</strong> and Artistes of America is a voluntary Association hereinafter<br />
referred to as the 4 A's and is subject to the Constitution, By-Laws, Rules, regulations and<br />
orders of the American Federation of Labor-Congress of Industrial Organizations (AFL-<br />
CIO), from which it derives its charter.<br />
(2) Equity deriving its charter from the 4 A's is in turn subject to the Constitution, By-Laws,<br />
orders, Rules and regulations of the 4 A's and the American Federation of Labor-Congress<br />
of Industrial Organizations.<br />
(3) The Actor is directly subject to the Constitution, By-Laws, Rules, regulations and orders<br />
of the 4 A's, and the Producer agrees not to require the Actor to do any act or thing<br />
forbidden by the Constitution or By-Laws of the 4 A's or by its Rules, orders or regulations.<br />
(4) Contracts of employment shall be subject to all such Rules and regulations.<br />
(C) Nothing contained in this Rule shall, however, require the Producer to take any action which is<br />
not legally permissible, or permit Equity to change, modify, amend, supersede or impose any<br />
conditions or obligations upon the Producer which are not specifically set forth in the Agreement<br />
Governing Employment In <strong>Cabaret</strong> or in any of the individual agreements made with <strong>Actors</strong>,<br />
consistent herewith.<br />
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2. AGENTS<br />
(A) Equity Franchise. The Producer has notice that if negotiation for, or the obtaining of this<br />
contract by the Actor is through any employment agent or personal representative not holding an<br />
Equity franchise or one whose Franchise is not in good standing, the Actor is liable to suspension<br />
or other disciplinary action by Equity.<br />
(B) Should the Producer contact the Actor directly and agree with the Actor as to the salary and<br />
part, the Producer shall not directly or indirectly require an Agent to intervene to complete the<br />
engagement or require the Actor to sign the contract at or through an Agent's office. Any such<br />
Agent so engaged does not represent the Actor, and should such Agent make a claim for<br />
commission, the Actor will notify the Producer accordingly, and the Producer shall indemnify the<br />
Actor and hold the Actor harmless from any such claim. When a Contract is negotiated by an<br />
Agent and said Agent is the Agent of Record on the face of the contract, any commission payable<br />
which would invade the minimum salary shall be paid by the Producer.<br />
(C) Chorus. <strong>Actors</strong> performing under a Chorus contract or performing chorus work shall not be<br />
required to pay commission to any Agent except as in accordance with the Equity Agency<br />
Regulations.<br />
3. ALIENS<br />
Non-resident Aliens shall not be employed in <strong>Cabaret</strong> Productions.<br />
4. ANNOUNCEMENTS<br />
(A) The Producer or Producer's designated representative shall make an announcement before<br />
the beginning of each performance to the effect that the taking of pictures or the making of<br />
recordings of any kind during the performance is prohibited.<br />
(B) If the aisles are used by the <strong>Actors</strong> for entrances and/or exits, the Producer shall also<br />
announce that the aisles must be kept clear during the performance.<br />
(C) The Producer agrees that before each performance an announcement will be made<br />
requesting the audience not to smoke during the performance.<br />
5. ARBITRATION<br />
(A) Any controversy arising from the application or interpretation of this Agreement or affecting the<br />
relationship between any Actor or Equity and the Producer, including the disputes as to the<br />
existence or validity of any employment contract, shall be submitted to arbitration pursuant to the<br />
Voluntary Labor Arbitration Rules of the American Arbitration Association. Arbitration as provided<br />
herein shall be the exclusive remedy for the resolution or adjustment of disputes, including any<br />
question as to whether a dispute or issue is arbitrable under the provisions of this Agreement.<br />
Nothing herein shall be construed to give the arbitrator the authority to alter, amend, or modify<br />
any of the provisions of this Agreement. Arbitration will take place in New York, Chicago, or Los<br />
Angeles, whichever city is closest to the <strong>Cabaret</strong> Theatre involved, or such other city as Equity<br />
shall designate.<br />
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(B) Time Limit. Should the Producer dispute a ruling by Equity and if said ruling is arbitrable under<br />
these Rules, the Producer must demand arbitration within four weeks of notice to the Producer of<br />
said ruling. Failure to do so shall constitute agreement with said ruling and an acknowledgement<br />
that Equity may deduct any monies due as a result of said ruling from any security posted with<br />
Equity by the Producer. The Producer further shall replace said amount deducted immediately<br />
upon demand by Equity.<br />
(C) Expenses. The expense of the arbitration, including the compensation of the arbitrator, shall<br />
be shared equally by Equity and the Producer. Equity shall act on behalf of the Actor in any<br />
arbitration proceedings and no Actor may commence any arbitration proceeding except with the<br />
consent of Equity.<br />
6. AUDITIONS AND INTERVIEWS<br />
(A) General Principal Rules. The Producer shall conduct auditions for principal performers. The<br />
following conditions shall apply:<br />
(1) Among the auditions held for principal roles, there shall be auditions for Equity<br />
performers.<br />
(2) The Producer is under no obligation to hire any person pursuant to any principal<br />
interview or audition procedures including the procedures for Equity performers set forth<br />
below.<br />
(3) Auditions of producer-invited, agent-submitted and manager-submitted performers and<br />
callback auditions for a production shall not be conducted until all other auditions have<br />
been completed.<br />
(B) Equity Principal Auditions. The Producer shall comply with the following audition/interview<br />
procedures for Equity principal performers.<br />
(1) Equity Principal Auditions (EPA) are auditions at which all Equity members will be<br />
auditioned, on an equal basis, for principal roles. Subsequent auditions may also be<br />
scheduled in accordance with these requirements. Each required EPA shall be an<br />
essential element of the casting process for the production for which it is held.<br />
(2) The Director or Producer’s designee with casting authority shall be present at all<br />
required auditions. Casting authority is defined as the power to effectively recommend a<br />
performer for a callback audition or for employment by the Producer.<br />
(3) Venue / EPA Day(s) Requirements:<br />
(a) For each production, the Producer shall conduct one full day of Equity Principal<br />
Auditions in the city in which the production will be presented.<br />
(b) If auditions of any kind are held in any Equity Regional Office City (New York City,<br />
Chicago or Los Angeles/Orange County) for a production, Equity reserves the right to<br />
require the Producer to conduct Equity Principal Auditions and, if applicable, Equity<br />
Chorus Calls in that Equity Regional Office City, in addition to the local auditions required<br />
herein. Such additional required auditions shall be conducted according to that Equity<br />
Regional Office City’s Equity audition procedures.<br />
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(4) Each day of EPA’s shall consist of seven hours of auditions out of an eight-hour period.<br />
Two separate half-days, consisting of no less than four consecutive hours of auditions, may<br />
be substituted and scheduled in place of any one day.<br />
(5) The Producer shall consult with the regional Equity Auditions Department or Office<br />
regarding the scheduling of EPAs. The location or time of the EPA may not be changed<br />
within seven business days of the scheduled audition without the consent of Equity. If it<br />
becomes necessary to re-schedule the EPA, Equity's consent will not be unreasonably<br />
withheld.<br />
(6) Equity Regional Office City EPAs.<br />
(a) When EPAs are held in an Equity Regional Office City (New York City, Chicago or<br />
Los Angeles/Orange County), the Producer shall allot a minimum of 126 audition timeslots,<br />
and shall see more performers if time permits during each seven-hour day of<br />
auditions. The length of each performer’s audition will be at the discretion of the<br />
Producer, however, each performer shall have a minimum of one minute in which to<br />
perform.<br />
(b) When EPAs are conducted in an Equity Regional Office City, an Equity monitor shall<br />
be present at no cost to the Producer to organize the auditions.<br />
(c) For Equity Regional Office City EPAs, the Producer shall make the premises available<br />
to the Equity monitor and performers at least one hour prior to the scheduled start of the<br />
EPA.<br />
(d) The Producer shall not hold calls or auditions in an Equity Regional Office City (New<br />
York City, Chicago or Los Angeles/Orange County) on any day when an Equity<br />
membership meeting is scheduled.<br />
(7) Non-Office City Equity Principal Audition Formats. When Equity Principal Auditions are<br />
held in cities other than Equity Office Cities, these auditions may be conducted on a “walkin”<br />
first-come, first-served basis, or by appointments, made on a first-come, first-served<br />
basis. Performers shall have a minimum of two minutes to perform material of their choice,<br />
in accordance with the Producer’s audition preparation instructions (see Rule 6(B)(8)(g)).<br />
(a) Non-Office City Equity Principal Auditions by appointment.<br />
(1) Appointments for Equity performers shall be scheduled in five-minute time slots.<br />
(2) The Producer shall not call or invite any performer to the audition, except by<br />
means of the casting notice described in Rule 6(B)(8) in this Agreement.<br />
(3) The required casting notice shall include a telephone number at which<br />
appointments for Equity auditions will be taken. The Producer shall also specify<br />
reasonable days and hours during which appointments will be taken.<br />
(4) Equity Performers shall neither be required nor shall they be invited to mail, fax,<br />
deliver or e-mail their headshots and resumes in order to secure an audition<br />
appointment.<br />
(5) On the day of the Equity auditions, Equity performers without appointments shall<br />
be accommodated as time permits.<br />
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(b) “Walk-in” auditions. Equity auditions may be conducted on a “walk-in”, first-come, firstserved<br />
basis. When this format is used, performers sign up on the day of the auditions, in<br />
the order in which they arrive at the audition location. At the producer’s option,<br />
performers may then be seen in the order in which they arrive, or performers may be<br />
allowed to select a specific audition time slot.<br />
(8) Casting Notice. For all required auditions, the Producer shall send a casting notice to<br />
the regional Equity Auditions Department or Auditions Coordinator, ensuring that the notice<br />
is received a minimum of two weeks prior to the audition. The notice shall be submitted to<br />
Equity prior to submission of casting information to agents, managers or a breakdown<br />
service.<br />
Casting notice information. The Producer shall provide the following information on all<br />
required casting notices:<br />
(a) Title and projected rehearsal and playing dates of the production;<br />
(b) Date, time and location of the audition, and time of any scheduled break in the<br />
audition day;<br />
(c) Names of all Authors, Composers, Directors, Choreographers, Musical Directors,<br />
General Managers and Casting Directors involved in the production(s), as may be<br />
available at the time;<br />
(d) A complete cast breakdown (including a definitive description of each principal role in<br />
new or obscure shows), and notation of possible opportunities for Non-Traditional<br />
Casting. Equity required audition notices shall contain character descriptions, synopses<br />
and other pertinent items of information identical to those included in notices sent to a<br />
breakdown service or intended for agents and/or managers.<br />
(e) Stage Manager positions available, and a notation as to whether or not personnel with<br />
the authority to hire Stage Managers will be present at auditions. A name and address to<br />
which Stage Managers’ resumes may be sent shall be provided, even if no Stage<br />
Managers are being sought at the time.<br />
(f) Projected minimum weekly salary for Equity performers and Stage Managers.<br />
(g) All necessary instructions for auditioning Equity performers (e.g. “Prepare a brief<br />
traditional musical theatre song”, “Prepare a brief contemporary comic monologue”, “An<br />
accompanist will be provided”, “Please bring dance clothes”, etc).<br />
(h) Date and time of any callback auditions that have been planned as of the casting<br />
notice submission date.<br />
(9) The performer shall have the option to interview during the EPA; Stage Managers shall<br />
also have the right to interview during the EPA<br />
(10) When auditions for musical productions are held, the Producer shall provide a<br />
piano and a piano accompanist who can sight read.<br />
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(<strong>11</strong>) Subsequent Equity Principal Auditions (Callbacks)<br />
(a) Principal performers shall be called to audition at specific times and shall not be called<br />
in groups unless for physical screening and/or voice blending.<br />
(b) Auditions and/or readings, excluding interviews, shall be limited to four in number for<br />
a performer and the performer shall be compensated at the rate of one-seventh of<br />
minimum salary for each reading and/or audition over four in which the performer is<br />
called.<br />
(c) Equity Franchised Agents may accompany their clients to all audition locations and, at<br />
the Producer's option, may attend the audition.<br />
(d) The Director or Producer's designee with final casting authority shall be present at all<br />
auditions. The Musical Director or the Producer's designee shall be present at all singing<br />
auditions and the choreographer or the Producer's designee must be present at all<br />
dancing auditions.<br />
(e) Performers shall be given specific appointments, and not more than 12 auditions,<br />
including reading, singing and dancing, may be scheduled in any hour.<br />
(f) The Producer or the Producer's representative shall keep a sign-in sheet provided by<br />
Equity at all callbacks and auditions to denote arrival and departure times of all<br />
performers, and furnish a copy to Equity.<br />
(g) Performers who are kept at an audition or callback longer than three hours from the<br />
scheduled appointment shall be paid at the rate of $4.50 per half-hour for the fourth hour<br />
and for each additional half-hour or part thereof. Should the performer be late for the<br />
performer's appointment, the Producer may dismiss the performer and re-schedule the<br />
audition. Should the Producer fail to exercise this option, the performer's computation<br />
time shall commence upon arrival.<br />
(C) Chorus Calls.<br />
(1) Chorus Auditions. The Producer shall conduct chorus auditions for all productions<br />
utilizing chorus performers. The following conditions shall apply:<br />
(a) Among the auditions held for chorus performers, there shall be auditions for Equity<br />
performers;<br />
(b) The Producer is under no obligation to hire any person pursuant to any chorus<br />
audition procedures, including the procedures for Equity performers set forth below.<br />
(2) Equity Chorus Provisions. The Producer shall comply with the following chorus audition<br />
procedures for Equity performers.<br />
(a) The scheduling of Equity Chorus performer auditions shall be arranged through the<br />
Equity Auditions Department.<br />
(b) An Equity Monitor shall be present at the place of call. Equity shall receive at least two<br />
weeks written notice of such call.<br />
(c) The Producer shall not hold calls or auditions on any day when an Equity membership<br />
meeting is scheduled.<br />
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(d) Auditions may, if necessary, be held on two separate days, one day for voice or for<br />
dancing and one day for general qualifications. If these two days are not consecutive,<br />
Chorus performers shall not be required to report for any purpose on the intervening<br />
days.<br />
(e) If Chorus performer is required to rehearse numbers used in the production, this shall<br />
constitute the beginning of the rehearsal period.<br />
(f) The Producer shall audition singers (male and female) and dancers (male and<br />
female) separately at the first call for chorus performers, at which singers are to sing first<br />
and dancers are to dance first. The group called, and time and place of said call, shall be<br />
provided in a notice sent to Equity at least one week before the time of audition.<br />
(g) If, at the final audition, the selection of chorus performers is to be determined at a final<br />
match-up, then the performers retained for the match-up from the earlier audition that<br />
day, shall be released following selection and be free until the final match-up, unless<br />
required to read for a part or understudy. In the event the final audition exceeds eight<br />
hours, each performer required to be at the audition for more than eight hours, from the<br />
time of the performer's first call, shall receive one-sixth of minimum salary for<br />
compensation for such overtime.<br />
(h) The Producer shall not under any circumstances halt the continued progress of a<br />
chorus audition to audition a performer for a principal role, nor, except at the finals, shall<br />
performers read for a "part" or understudy during the time of the chorus audition.<br />
Auditions may, if necessary, be held on two separate days, one day for voice or for<br />
dancing and one day for general qualifications. If these two days are not consecutive,<br />
performers shall not be required to report for any purpose on the intervening days.<br />
(i) The Producer shall notify Equity of the time and place of the final audition.<br />
(j) The Musical Director or assigned designee who has final casting authority shall be<br />
present at all singer auditions. The Choreographer or assigned designee who has final<br />
casting authority must be present at all dancer auditions.<br />
(k) A piano and an accompanist who can sight read shall be provided when musical<br />
auditions are held.<br />
(D) Additional Equity Audition Provisions.<br />
The Producer shall comply with the following additional procedures for auditions:<br />
(1) Equity shall have the right, in consultation with the Producer, to schedule the auditions<br />
so that no more than two productions hold their first or final call (audition) on the same day<br />
or call the same category (singer or dancer) at the same time.<br />
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(2) Performers with Disabilities.<br />
(a) When a role to be cast depicts a person with a specific disability, the Producer shall<br />
include this information in the casting specifications and, at the same time, shall notify<br />
Equity of such specifications so that performers with similar disabilities shall be informed<br />
and given the opportunity to audition for the role.<br />
(b) When the Producer holds auditions in premises which are not architecturally<br />
accessible for performers with disabilities, the Producer will, upon notification by Equity or<br />
by a performer with a disability who wishes to attend the audition, arrange for appropriate<br />
audition facilities to accommodate performers with disabilities.<br />
(c) When a deaf performer is sought, the Producer shall provide, during the audition, a<br />
qualified interpreter of the deaf (one qualified or certified in sign language or oral<br />
interpretation).<br />
(d) All audition material provided by the Producer shall, upon request, be made available<br />
to blind and visually impaired performers at a place to be designated by the Producer at<br />
least 48 hours in advance of the audition.<br />
(E) Safe and Sanitary Code.<br />
(1) When auditions are held in studios the Producer shall provide:<br />
(a) A room (other than the audition room) which shall have seating and open space<br />
where the performer may wait and/or warm-up for the audition. The waiting room shall be<br />
available to the monitor and performers for the entire sign-in and audition time.<br />
(b) The audition space shall include:<br />
(1) Heat and air conditioning as necessary.<br />
(2) One private toilet for each gender which shall be available throughout the<br />
audition. Access to these facilities may not be solely through the audition space.<br />
(3) Adequate wash basins with adequate hot and cold water.<br />
(4) Proper ventilation.<br />
(5) Touch-tone pay phone.<br />
(6) Producer shall provide separate changing facilities (not lavatories) for men and<br />
women at any audition where they are required to dance.<br />
(7) For dance auditions: sprung dance floor.<br />
(8) Water fountain, bottled water or water with clean cups shall be provided at no cost<br />
to the Actor.<br />
(9) The Producer agrees not to audition or rehearse in any space that has not been<br />
previously inspected and approved by a Representative of Equity.<br />
(10) Audition Space criteria shall include a safe, secure waiting area that is separate<br />
from the audition area and large enough to accommodate seats for a number of<br />
performers.<br />
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(2) When auditions are held in theatres, the Producer shall provide, to the extent possible,<br />
facilities and conditions similar to those described above.<br />
(3) Performers shall not audition in any premises that do not comply with the local and state<br />
laws and building codes.<br />
(4) Liability Insurance. The Producer shall cause liability insurance to be provided at all<br />
interviews/auditions and shall make the name of the insurance carrier available to the<br />
performers at the place of the interview and/or audition. In the event of an injury, the<br />
Producer shall advise performers of the procedure for filing a claim.<br />
(F) Equal Employment Opportunity (See Rule 26.)<br />
7. BILLING AND PROGRAMS<br />
(A) House Board. The names of all <strong>Actors</strong> employed in the production shall be placed on an<br />
alphabetical listing board either in front of the theatre or prominently displayed inside the lobby.<br />
Stage Managers, understudies and swings may be listed separately. Should there be errors or<br />
omissions in this listing, provided such errors or omissions are not corrected within two business<br />
days after the day on which written notice either by Actor or Equity is received by the Producer,<br />
the Actor shall be paid one-eighth or one performance pro-rata, whichever is greater, of the<br />
Actor's contractual salary, for each day the error goes uncorrected. (See also Rule 12,<br />
CHANGES IN CAST and Rule 66(E), UNDERSTUDIES.)<br />
(B) When a Principal Actor's contractual employment is terminated, the Actor's name and/or<br />
likeness (in photographs portraying three <strong>Actors</strong> or fewer and in shows where there are only four<br />
cast members where the photographs to be replaced are 8x10, black and white, inexpensive<br />
photographs to be placed in an glass case that can open, or are inexpensive photographs which<br />
already exist) must be removed from all front-of-the-house boards and frames where the show is<br />
playing as well as from all frames at other theatres. The removal shall be made prior to the first<br />
performance of the Principal Actor's successor. Should the Producer fail to comply with this Rule<br />
within three days after the giving of written notice either by the Principal Actor, the Principal<br />
Actor's successor and/or Equity, the Producer shall pay extra to the Principal Actor currently<br />
performing and to the Principal Actor whose name and/or likeness has not been removed, oneeighth<br />
or one performance pro-rata, whichever is greater, of their respective contractual salaries<br />
for each day that the Producer has not complied with the Rule.<br />
(1) When a Principal Actor's contractual employment is terminated, the Principal Actor's<br />
photograph on and/or in the programs must be submitted for removal prior to the next<br />
printing deadline. If the termination occurs at least seven days prior to camera ready copy<br />
deadline, Producer shall remove photograph in that printing; otherwise the Producer must<br />
remove photo in the next printing and so notify the terminating Actor and replacement<br />
Actor.<br />
(2) In connection with all other advertising and display media under the Producer's control,<br />
the Producer shall exercise reasonable diligence in removing the name and/or the likeness<br />
of the Principal Actor no longer in the cast.<br />
(C) All provisions pertaining to billing of the Actor not set forth herein shall be specifically set forth<br />
in writing as a rider to the Actor's employment contract. If billing is contingent on the billing of any<br />
other Principal Actor, such contingency shall be clearly and succinctly set forth in the contract.<br />
9
(D) Whenever a breach of a billing clause contained in an Actor's individual contract is claimed,<br />
Equity or the Actor shall notify the Producer by certified letter or fax, return receipt requested, or<br />
by hand delivery with receipt signed by the party addressed or their designee, of the breach.<br />
(1) If the breach is not corrected within seven days of receipt of notification except as<br />
provided below, the Producer shall pay to the Actor a sum equal to one-eighth or one<br />
performance pro-rata, whichever is greater, of the Actor's contractual salary for any time<br />
during the first week the breach continues after the seventh day. For each week the breach<br />
continues thereafter, or if additional breaches occur and the Producer has been properly<br />
notified, the Actor shall be paid cumulatively an additional one-eighth or one performance<br />
pro-rata, whichever is greater, per week or per breach for as long as the breaches continue<br />
(i.e., two-eighths for the second week or second breach, three-eighths for the third week or<br />
third breach, and so forth).<br />
(2) If the breach involves billboards, the time interval for correction shall be extended to two<br />
weeks. Exempted from this provision shall be posters on unpaid locations.<br />
(3) If the breach involves billing under the Producer's control or creation in a magazine or<br />
similar publication and the Producer does not correct an error in billing when notified 72<br />
hours prior to the press deadline, the Producer shall pay to the Actor a sum equal to oneeighth<br />
or one performance pro-rata, whichever is greater, of the Actor's contractual salary.<br />
(4) If the breach involves billing under the Producer's control or creation in a newspaper,<br />
and the Producer does not correct an error in billing when notified 48 hours or more prior to<br />
the press deadline, the Producer shall pay to the Actor a sum equal to one-eighth or one<br />
performance pro-rata, whichever is greater, of the Actor's contractual salary.<br />
(E) Program and Souvenir Program.<br />
(1) Cast List. A cast list must be offered free of charge to every patron who enters the<br />
theatre at all performances. Such cast list must contain the names of all <strong>Actors</strong> employed<br />
on an Equity contract and their role or function. The Stage Manager and Dance Captain<br />
shall be billed on the first page on which there is a complete cast listing or on the title page.<br />
(2) Biographies. All performing Principal <strong>Actors</strong>, Stage Managers, and performing Chorus<br />
performers shall have a biography in the program, playbill, and souvenir program. The<br />
biography will contain professional credits and biographical data. The Actor shall have the<br />
right of approval of biographical material which approval shall be in writing and not<br />
unreasonably withheld. Such approval shall include an indication of the preferred cuts in<br />
the event that limitations of space require editing. Should the Actor fail to indicate such<br />
preferred cuts the Producer shall be free to edit at the Producer's discretion. Biographical<br />
material not disapproved within 48 hours of its submission to the Actor shall be considered<br />
approved. Replacement <strong>Actors</strong> engaged for one week or more shall have biographical<br />
material inserted in the program if the Actor replaced was a performing Principal, Stage<br />
Manager, or Chorus performer. (See Rule 12(B)(2))<br />
(3) Omissions or Errors. In the event that there are errors or omissions in the printed cast<br />
listing in the playbill or program, the Producer agrees that upon receipt of written notice of<br />
an omission or error in such cast listing, the Producer will, within 24 hours (including at<br />
least one business day), place in the playbill or program a printed slip correcting the<br />
omission or error, and will also correct the omission or error in the next printing of the<br />
10
playbill or program, provided such notice is given at least 24 hours prior to the press<br />
deadline. Souvenir programs shall be corrected at the next printing.<br />
(4) Penalty. For each failure to either place a correction slip in the playbill or program as<br />
stipulated above, or to correct the playbill or program cast listing at the next printing, after<br />
proper notice, the Producer shall pay the Actor involved, a sum equal to one-eighth or one<br />
performance pro-rata, whichever is greater, of the Actor's contractual salary for each week<br />
or part thereof during which the omission or error continues. (See also Rule 67, UNION<br />
EMBLEM.)<br />
8. BINDING EFFECT OF AGREEMENT<br />
All contracts of employment signed pursuant to this Agreement are binding not only upon the signers<br />
on the face thereof, but upon any and all corporations, co-partnerships, enterprises and/or groups<br />
which said signers or each of them directs, controls or is interested in, and are hereby agreed to be<br />
adopted as their contract by each of them.<br />
9. BLACKLISTING<br />
The Producer and Equity both pledge themselves to prevent blacklisting in the theatre. Opposition to<br />
blacklisting is not a controversial issue between the Producer and Equity. Blacklisting for the<br />
purposes of this Rule shall mean the submission by the Producer, directly or indirectly, to individual or<br />
group pressure, and/or the use of private lists, published or unpublished, of persons not to be<br />
employed in theatrical productions for reasons having no direct relation to their theatrical ability.<br />
10. BREACHES BY PRODUCERS<br />
In addition to any other remedies available herein, each Actor affected herein shall receive up to two<br />
weeks' contractual salary or payment for 16 performances pro-rata, whichever is greater, as<br />
liquidated damages, no present basis of calculation existing, should the Producer:<br />
(A) Breach an individual contract of employment, or any part thereof; or<br />
(B) Breach or fail to abide by or conform to any Rule which is a part of the employment contract of<br />
any Actor; or<br />
(C) Make any false statement in connection with any employment agreement or regarding<br />
security; or<br />
(D) Employ or have employed any Actor under any form of contract other than a Standard Form;<br />
or<br />
(E) Be in default as to any employment contract with any Actor, or breach any such employment<br />
contract, past or present; or<br />
(F) In the future, breach any such employment contract; or<br />
(G) Fail to give or deposit security at the time and in the form and amount required by Equity; or<br />
(H) Otherwise breach or fail to live up to any contract of employment or Equity Rule; or<br />
(I) Should any situation arise where, because of the act of the Producer, or the Producer's fault<br />
or default, the Actor is released from the Actor's obligation to work, then in either of said events,<br />
the Actor may, Equity consenting, forthwith terminate the Actor's employment, and is released<br />
<strong>11</strong>
from the Actor's obligation to render services to the Producer. In addition thereto, the Producer<br />
shall pay the Actor forthwith, in full, for all services rendered by the Actor, plus any other sums to<br />
which the Actor may be entitled by contract or by Equity Rules, and for any damages that may<br />
arise under contractual law and also, as liquidated damages, no present basis of calculation<br />
existing, a sum equal to two weeks' salary. Against said sum equal to two weeks' salary, no offset<br />
shall be allowed the Producer for earnings of the Actor in a new or subsequent engagement.<br />
Disputes as to the applicability of the foregoing paragraph shall be subject to arbitration under<br />
Rule 5, ARBITRATION, and neither Equity nor the Actor may finally determine any question of<br />
violation or breach on the part of the Producer, except as to violations of Rule 10(D)and 10(H). In<br />
the event of the Producer's breach of Rule 10(D) or 10(H), Equity may intervene, without penalty<br />
to itself, and require the Actor to perform or rehearse or not perform or rehearse under such<br />
terms and conditions as Equity may consider just and equitable.<br />
<strong>11</strong>. CALLBOARD<br />
(A) An official callboard shall be maintained backstage at each <strong>Cabaret</strong> Theatre on which up-todate<br />
information important to the Actor shall be posted.<br />
(B) This shall include:<br />
(1) Worker's Compensation carrier and carrier number;<br />
(2) Names, addresses and telephone numbers of doctors, hospitals in the area;<br />
(3) Member of the Producer's staff who the Actor can contact in case of an emergency;<br />
(4) Information regarding fire exits and fire fighting equipment and proper procedures;<br />
(5) Notice of scheduled Day of Rest (See Rule 49(E), REHEARSALS);<br />
(6) Notice of rehearsal calls after opening, and other calls given by the Stage Manager;<br />
(7) Any concessions regarding Safe and Sanitary conditions. (See Rule 54)<br />
(8) Any notices, correspondence or letter(s) sent by Equity to the Company and labeled for<br />
posting.<br />
(9) The company Closing Notice, when applicable, and other communications from the<br />
Producer to the Company as a whole. (See Rule 64, TERMINATION).<br />
12. CHANGES IN CAST: ANNOUNCEMENTS<br />
(A) This Rule shall apply to all <strong>Actors</strong> who play or understudy specifically identifiable characters<br />
listed in the program or playbill. All Understudies to Principal <strong>Actors</strong> shall be listed in the program<br />
or playbill, unless requested by the Understudy not to be listed.<br />
(B) When an Understudy takes the place of an Actor whose part listed in the program or playbill is<br />
a specifically identifiable character or when such an Actor is replaced by another then, either<br />
(1) Announcement of change in cast shall be made at the rise of the curtain stating the<br />
name of the Understudy or replacement Actor, the character portrayed, and the name of<br />
the Actor playing the character as listed in the program; or<br />
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(2) Such announcement shall be made in all programs or playbills by the insertion of a<br />
printed slip stating the name of the Understudy or replacement Actor, the character<br />
portrayed, and the name of the Actor playing the character as listed in the program.<br />
(C) In addition to the above, such announcement shall be posted conspicuously and prominently,<br />
and in an unobstructed manner at the entrance to the theatre at the place where tickets of<br />
admission are collected. Such announcement shall be at least 8 x 10 inches in size with the<br />
names of the part and the Actor in letters of at least one inch. Posted announcements need list<br />
only the character and name of the Understudy or replacement Actor.<br />
(D) All further changes in cast made necessary by the absence or replacement of an Actor shall<br />
be posted on the lobby board or announced (either from the stage or by program insert) in the<br />
following manner: "At this performance, the part usually played by (Actor) will be played by<br />
(replacement Actor)."<br />
(E) For each failure to give the notice of substitution required by this Rule, the Producer shall pay<br />
the Actor whose part is played by an Understudy or another Actor, and also such Understudy or<br />
other Actor, a sum equal to one-half of Actor's own weekly contractual salary in addition to Actor's<br />
contractual salary.<br />
(F) All Understudies to Principal <strong>Actors</strong> shall be listed in the program and/or playbill.<br />
13. CHORUS: ADDITIONAL COMPENSATION PROVISIONS<br />
(A) Playing a Part. If a Chorus Actor is required to play a part, speak lines, sing a song, or perform<br />
a dance that is individual in character, that Chorus Actor shall be paid no less than $17.00 a week<br />
in addition to the Actor's weekly contractual salary for each such assignment or part.<br />
(B) Understudy for Principal Role. If a Chorus Actor understudies a Principal Role, the Chorus<br />
Actor shall be paid not less than $20.00 per week in addition to the Chorus Actor's weekly<br />
contractual salary for each such role understudied. (See Rule 66, UNDERSTUDIES).<br />
(C) Understudy to Chorus Playing a Part. If a Chorus Actor understudies a part or specialty, as<br />
defined in (A) above, performed by another Chorus Actor, the Actor shall be paid no less than<br />
$15.00 per week in addition to the Actor's contractual salary for each part or specialty of the<br />
Chorus so understudied.<br />
(D) Swing. If there are six or more Chorus <strong>Actors</strong> in a production, the following shall apply:<br />
(1) A Chorus Actor of each gender shall be designated to swing one or more numbers in<br />
the production and shall receive no less than $15.00 per week in addition to the Actor's<br />
weekly contractual salary for each such assignment; or<br />
(2) A full Swing (i.e. a non-performing Chorus Actor who swings all or fewer than all Chorus<br />
<strong>Actors</strong> performing in chorus numbers in the production) of each gender shall be employed<br />
and signed to an appropriate Chorus contract, no later than two weeks after the first public<br />
performance.<br />
(3) If a Swing understudies a Principal role, the Swing shall receive no less than an<br />
additional one-eighth or one performance pro-rata, whichever is greater, of the Swing's<br />
contractual salary for each time the Swing performs the role.<br />
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14. CLAIMS<br />
(A) Waiver or release not permissible. Upon any claim of the Actor arising under the Actor's<br />
agreement through any breach thereof, no receipt, waiver, release or adjustment by the Actor is<br />
of any validity whatsoever, unless Equity consents in writing and the Producer by agreeing to this<br />
Rule, agrees not to seek or solicit any such waiver, release, or settlement, nor offer the same in<br />
any arbitration or any proceeding in court unless Equity specifically consents in writing. In no case<br />
shall claims of <strong>Actors</strong> under employment contracts be handled or enforced by agents or attorneys<br />
of said <strong>Actors</strong> unless same are consented to by Equity in writing.<br />
(B) Time limit in filing claim. Should the Actor deem that the Actor has any claim against the<br />
Producer under the Actor's contract, the Actor shall present the same to Equity or to the Producer<br />
within four weeks after the time when such claim shall have risen unless the Actor shall give to<br />
Equity and to the Arbitrator or to either of them a good and sufficient reason for any delay after<br />
such period of four weeks.<br />
15. CLOTHES AND MAKE-UP<br />
(A) Costumes the Producer Must Provide. The Actor may not be required to use the Actor's<br />
personal wardrobe in the production. The Producer shall provide all costumes, shoes and clothing<br />
except modern conventional undergarments. In no event shall a Producer require the Actor to<br />
purchase any clothes for the production.<br />
(B) Rentals. No Actor shall rent or lend any wardrobe to a Production for use in any production<br />
until the terms of the rental, based on the schedule below, are stated in a rider to the Actor's<br />
contract of employment. This rider shall also include a mutually agreed upon total value beyond<br />
which the Producer shall not be obligated for further rental monies. The agreed upon payment<br />
shall be paid weekly to the Actor with the Actor's salary and by separate check. The following<br />
shall be the minimum weekly rental fee when an Actor furnishes the Actor's own clothing for a<br />
production, but in no way shall this schedule prohibit the Actor from negotiating a higher fee.<br />
Item Fee Item Fee<br />
Blouse $2.00 Skirt $3.00<br />
Dance Shoes * $7.00 Slacks $3.00<br />
Dress $5.00 Suit $10.00<br />
Ensemble (shirt, tie, suit, shoes, hat) $15.00 Suit jacket $3.50<br />
Evening clothes (tuxedo, gown) $15.00 Sweater $3.00<br />
Hat $2.00 Tie $.50<br />
Jeans $2.00 Tights, hose, stockings $1.50<br />
Shirt $2.50 Topcoat, overcoat or raincoat $3.50<br />
Footwear (except dance shoes) $5.00 Props (each) $2.00<br />
Shorts $2.00<br />
* Includes Professional Jazz Shoes, Character Shoes, Tap Shoes, Pointe Shoes, Dance Boots.<br />
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(C) With respect to garments not appearing on this schedule, the rental or loan will be negotiated<br />
to the mutual agreement of the Actor and the Producer. When the Actor is provided the<br />
costume(s) by the Producer and the Actor elects, with the consent of the Producer, to wear the<br />
Actor's own clothing then, in this event, the Producer shall not pay any rental fee. The Producer<br />
shall furnish <strong>Actors</strong> engaged on Chorus contracts with all hats, costumes (period or modern),<br />
wigs, beards, hair pieces, footwear, including properly fitted shoes (which, if modern and<br />
conventional, shall be new), tights, hose and stockings.<br />
(D) Shoes and Dance Shoes.<br />
(1) Shoes. The Producer shall provide properly fitted footwear which, if for dancing, shall be<br />
new. All other footwear shall be clean, sanitary, and in good repair.<br />
(2) Dance Shoes.<br />
(a) The Producer shall provide properly fitted professional dance shoes for all members<br />
of the cast who are required to dance. Dance shoes may represent the period of a<br />
production or nature of a specific character (e.g., sneakers in West Side Story or athletic<br />
shoes in Damn Yankees) and must conform to the appropriate style of movement. All<br />
footwear shall be of suitable construction for dancing when used for theatre dance<br />
movement. Professional dance shoes are not required for normal ballroom dancing or<br />
where there are minimally choreographed movements. The Producer shall provide dance<br />
shoes at least one week prior to dance rehearsal.<br />
(b) The Producer shall furnish pointe shoes with ribbons for all rehearsals and<br />
performances requiring pointe shoes. The Producer shall furnish at least one pair of<br />
pointe shoes for each member of the cast called upon to dance in pointe shoes. New<br />
pointe shoes shall be provided sufficiently in advance of their use to allow the Actor<br />
adequate time to break in the shoes.<br />
(c) Shoes for dancing shall be rubbered and braced and shall be repaired or replaced<br />
whenever necessary.<br />
(E) Cleaning and upkeep. All clothing worn by the Actor for use in the Production, whether<br />
furnished by the Producer or not, shall be cleaned at the Producer's expense whenever<br />
necessary but at least every two weeks and laundered whenever necessary but at least twice a<br />
week. Producer shall make best efforts to have costumes aired after each performance.<br />
Costumes shall also be repaired or replaced whenever necessary.<br />
(F) Make-up. The Producer shall furnish all make-up except ordinary and conventional make-up.<br />
If the Actor is required to use body make-up, the Producer shall furnish freshly laundered towels<br />
for the removal of such make-up. Producer shall also provide body make-up remover.<br />
(G) Knee Pads and Protective Clothing. Prior to any activity that requires knee and elbow pads<br />
and protective clothing, the Producer shall furnish new and properly fitted (i.e. small, medium, or<br />
large) items for the exclusive use of the Actor for all rehearsals and performances.<br />
(H) Skin Parts. Clean and dry skin parts, except for painted unitards (which must be dry for each<br />
performance), shall be furnished for every performance. Skin parts include but are not limited to:<br />
socks, stockings, pantyhose, tights, body stockings, underwear, t-shirts, bras, jockstraps, dance<br />
belts, dress shields, slips, and bathing suits. Commencing with their first public performance,<br />
Understudies and Swings shall be provided with their own set of skin parts.<br />
15
(I) Back-up costumes. Back-up costumes shall be provided whenever necessary.<br />
(J) Change of hair color. The Actor may not be required to change the color of the Actor's hair<br />
unless the Actor agrees in writing, and the Producer shall pay for the expense of changing the<br />
color and of its upkeep during the run of the engagement and of the restoration to the original<br />
color at the end of the Actor's engagement.<br />
(K) Change of hair style. The Actor may not be required to cut or change the style of the Actor's<br />
hair in any way, or to shave the Actor's head unless the Actor agrees in writing, and the Producer<br />
shall pay the original expenses and the upkeep of said hair or hair style during the run of the<br />
Actor's engagement.<br />
(L) Costumes for Understudies and Swings. Commencing with their first public performance,<br />
Swings and Understudies shall be provided with their own set of skin parts. A Swing or<br />
Understudy shall be provided with a properly fitted costume whenever the Swing or Understudy is<br />
required to perform. Any costume worn by another Actor shall be cleaned prior to its use by any<br />
Actor, Swing or Understudy and again prior to its further use by any other Actor, including the<br />
Actor to whom it is regularly assigned. However, if a Swing or Understudy who does not have a<br />
full set of costumes is required to appear, costumes worn by said Swing or Understudy must be<br />
cleaned not later than the first business day on which no matinee performance occurs following<br />
the Swing’s or Understudy's appearance, or as soon as possible.<br />
(M)Facial masks, Hair-pieces and Wigs.<br />
(1) All facial masks, hair-pieces and wigs shall be furnished by the Producer.<br />
(2) Beards and hairpieces furnished by the Producer shall be freshly cleaned when<br />
delivered to the Actor and cleaned thereafter whenever necessary but at least once every<br />
three weeks. Lace on all beards, mustaches and hairpieces will be cleaned daily.<br />
(3) No Actor shall be required to use a facial mask, wig or hairpiece including a facial hair<br />
piece (beard or mustache) which has been worn by another Actor until the facial mask,<br />
hairpiece or wig has been thoroughly cleaned and properly fitted. After cleaning, facial<br />
masks and hairpieces must be dried and aired prior to issue to the Actor.<br />
(4) Protective breathable liners must be inserted into facial masks whenever a<br />
Replacement or Understudy uses the facial mask of another Actor. Liners shall be issued<br />
for the exclusive use of the Replacement or Understudy.<br />
(N) Costume Fittings. The Actor shall be available for one costume measuring prior to the<br />
rehearsal period at a mutually convenient time, and one two-hour costume call in addition to the<br />
regular rehearsal hours during the rehearsal period, provided that the hours for the costume call<br />
and rehearsals shall be consecutive. Producer shall use best efforts to conduct costume calls at<br />
the place of rehearsal or the Actor shall receive carfare or transportation if required to travel to<br />
and from the costumer.<br />
16. CONTINUOUS EMPLOYMENT<br />
Continuous employment is of the essence of all employment contracts; and all calculations of sums<br />
due or benefits accruing to the Actor shall be computed on the basis of consecutive rehearsals and<br />
consecutive employment. In no case shall employment begin with a "day off."<br />
16
17. CONTRACT<br />
(A) Effective Date. Contracts between the Producer and the Actor must be signed before the<br />
Actor shall be permitted to rehearse or perform and shall be signed on the date when the terms of<br />
the contract are agreed upon between the parties. If not signed on said date when issued, they<br />
must be signed as of said date.<br />
(B) Signing of. Unless contracts are signed concurrently, they must be signed by the Producer<br />
first. If the contract is not signed concurrently, the Producer may notify the Actor or the Actor's<br />
designated representative, by personal delivery or certified mail, that, unless the contract is<br />
signed and returned to the Producer within a specified time period which shall be not less than 48<br />
hours after receipt of the notice by the Actor, or the Actor's designated representative, the<br />
contract is null and void.<br />
(C) Changes and alterations. The Actor and/or Producer have no right or power to waive any of<br />
the minimum conditions set forth in the employment contract or Equity Rules without the written<br />
consent of Equity. Unless any and all riders, changes, alterations, waivers, or substitutions made<br />
prior to, when, or after a contract of employment is made shall have been consented to by Equity<br />
in writing, such riders, changes, alterations, waivers, or substitutions, or any part thereof, are void<br />
at the option of the Actor, Equity consenting. It shall be the duty of the Producer, not the Actor, to<br />
submit proposed changes to Equity for its written approval by a duly authorized representative.<br />
If Equity fails to notify the Producer of its disapproval of said riders, changes, alterations, waivers<br />
or substitutions within ten business days after receipt thereof by Equity, they shall be deemed<br />
approved. At the option of Equity, no such riders, changes, alterations, waivers, or substitutions<br />
shall be admitted in evidence in any arbitration or by any tribunal for the disposition of any claim<br />
without the written consent of Equity.<br />
The Producer agrees that all blanks, including opening date, name of part, and salary will be filled<br />
in, in writing, before signing or delivery.<br />
(D) A limited Term (formerly Run-of-the-Play) rider may be signed and affixed to contracts which<br />
provides that neither party may give individual notice for a period up to three or six months,<br />
provided that the Actor is contracted to receive the applicable Term minimum salary stipulated in<br />
Rule 55(F), (G), SALARIES. At least two weeks before the expiration of the rider, the Producer<br />
shall notify the Actor of the Producer's intention to renew the rider under the same or better<br />
terms, or to offer the Actor a Standard Minimum Contract under terms and conditions to be<br />
negotiated. Should the Actor and Producer fail to agree upon a renewal or on such terms and<br />
conditions for a Standard Minimum Contract, then employment will terminate on the expiration<br />
date of the rider. Limited Term riders shall only be permitted in Productions operating under a<br />
Weekly Contract.<br />
(E) Contracts covering employment in outside fields. Before any person holding a blanket<br />
employment contract covering several employment fields may work in any Equity jurisdiction, the<br />
Producer must secure and file with Equity a duly executed contract on a standard Equity form<br />
with such person, covering only employment within Equity's jurisdiction, which said contract shall<br />
be paramount to any then existing arrangement between said person and the Producer, and must<br />
be satisfactory to Equity, and shall exclusively govern the employment relationship of said person<br />
to said Producer while said person is working in any field over which Equity has jurisdiction. No<br />
17
Actor shall be required to work with any such person not holding such contract so procured and<br />
filed.<br />
(F) Executed Agreement. Within one week after entering into any employment contract (and<br />
where the Actor is employed after rehearsals have begun, within three days after the Actor has<br />
begun to rehearse) the Producer shall file with Equity a signed copy thereof. Failure to do so shall<br />
constitute a breach of contract by the Producer, and the Actor may, at any time, Equity<br />
consenting, terminate the contract without notice, and the Producer shall pay the Actor as<br />
damages for breach, a sum or sums to be computed as in the case of breach of Rule 10,<br />
BREACHES BY PRODUCERS.<br />
(G) Attempted breach. No Actor shall agree with a Producer, Employment Agent, Personal<br />
Representative, or other Actor, and no Producer shall agree with any Actor, Employment Agent,<br />
or Personal Representative to cause, or attempt to cause, or agree to permit any breach of any<br />
term of any employment contract.<br />
(1) Should any Actor engage in such conduct, said Actor shall be subject to such<br />
disciplinary action as Equity may determine.<br />
(2) Should any Producer be found by an arbitration award to have engaged in such<br />
conduct, said Producer agrees that such conduct on the Producer's part shall be a breach<br />
of the Producer's employment agreements with <strong>Actors</strong>, entitling any such <strong>Actors</strong> to recover<br />
from the Producer, Equity consenting, a sum equal to two weeks' salary as liquidated<br />
damages, no present basis of calculation existing. The Producer further agrees that upon<br />
such breach, the Producer's name may be posted on the "Defaulting Employers List"<br />
maintained at Equity.<br />
(3) In the event of a recovery of liquidated damages by or on behalf of the offending Actor,<br />
the same shall be paid into the <strong>Actors</strong>' Equity Foundation.<br />
(H) Hiring "As Cast." If in the contract of a Principal Actor, the Actor's part(s) is not specified, then,<br />
unless Equity shall otherwise order, the Principal Actor shall only be required to appear and<br />
perform in the part(s) in which the Actor makes the Actor's first public appearance.<br />
18. CONVERSION RIGHTS<br />
(A) Subsequent Equity Contract/Agreement.<br />
(1) Should the Producer, or should any management, group or enterprise, which the<br />
Producer controls or directs, produce an original play or musical or a new interpretation of a<br />
play or musical under this Agreement and then produce the first subsequent production of<br />
the play or musical on a higher paying contract or on a standard contract in a Point of<br />
Organization city, the Producer agrees to offer any member of the Company employed on<br />
Equity contract who was originally engaged on the <strong>Cabaret</strong> Contract and who actually<br />
performed a role or function in the <strong>Cabaret</strong> production an opportunity to continue in said<br />
first subsequent production only. The Producer agrees that any offer shall be made in<br />
writing to the Actor, copy to Equity, at least two weeks prior to the date of first rehearsal for<br />
the subsequent production. The Producer may require the Actor to respond in writing, by<br />
hand delivery or fax, return receipt requested, within three business days of receipt of said<br />
offer. The Producer agrees to reimburse any member of the Company employed on Equity<br />
contract not offered the Actor’s same role or function three weeks' applicable minimum<br />
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under said subsequent Equity contract for the Actor’s category under the subsequent<br />
contract or three weeks’ contractual salary, whichever is greater.<br />
(2) However, if any member of the Company on Equity contract who originally performed<br />
the role/function has been out of the production for a period of four weeks or more prior to<br />
the time the play is subsequently produced, the Producer may as an alternative, offer the<br />
role/function to any past or present member of the Company on Equity contract who has<br />
performed the same role or function for four weeks or longer. If no-one from the production<br />
who has performed the role or function for at least four weeks gets an offer, the <strong>Actors</strong> shall<br />
split the monies as determined by Equity.<br />
(3) In the event the Producer does not control or direct the first subsequent production of<br />
the play as set forth in Paragraph 1 above but has a financial interest in that subsequent<br />
production, the Producer agrees that any financial remuneration the Producer receives in<br />
connection with that first subsequent production shall be used on a 50/50 basis<br />
(Producer/<strong>Actors</strong>) to compensate the members of the company on Equity contracts who<br />
were not offered the same roles or functions, a maximum of three weeks’ applicable<br />
minimum for their category under the subsequent contract or three weeks’ contractual<br />
salary, whichever is greater. In the event the Producer’s financial remuneration is<br />
insufficient to compensate fully the members of the company on Equity contracts<br />
hereunder, payments herein above must be made on a prorated basis to all those entitled<br />
to such payment.<br />
(4) These conversion rights will remain enforceable for a period of three years following the<br />
close of the production.<br />
(B) <strong>Cabaret</strong> Production: From Code Production or 99 Seat Theatre Plan to <strong>Cabaret</strong> Contract.<br />
(1) Should a production produced under a Code or Contract with lower minimums<br />
subsequently be produced under this contract as its first Equity contract production within<br />
three years from the date of the prior production’s last performance, or should the prior<br />
production be optioned within three years form the date of the prior production’s last<br />
performance and be produced under this contract as its first subsequent Equity contract<br />
production during the option period or any extensions thereof, all actors who performed a<br />
function in the prior production shall receive a bona fide offer to perform the same role or<br />
function in the subsequent production or three weeks’ minimum salary at the applicable<br />
category level in lieu thereof. The Producer agrees that any offer shall be made in writing<br />
to the Actor, copy to Equity, at least two weeks prior to the date of first rehearsal for the<br />
subsequent production. Producer may require Actor to respond in writing, by had delivery<br />
or fax, return receipt requested.<br />
(2) If any member of the Company on Equity contract who originally performed the<br />
role/function was out of the production for a period of four weeks or more prior to the time<br />
the play is subsequently produced, the Producer may as an alternative, offer the<br />
role/function to any past member of the Company on Equity contract who has performed<br />
the same role/function for four weeks or longer. If no-one from the production who had<br />
performed the role/function for at least four weeks gets an offer, the <strong>Actors</strong> shall split the<br />
monies as determined by Equity.<br />
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(3) Multiple Productions. If two or more productions of the same property are followed by a<br />
subsequent production, the subsequent Producer’s conversion rights obligations shall be to<br />
the <strong>Actors</strong> in the first production until those rights expire.<br />
19. DANCE CAPTAIN<br />
When there is choreography and/or musical staging in a production, a Dance Captain shall be<br />
required and paid from the first day of assignment (i.e. first day of employment as Dance Captain) but<br />
in no event later than the first day of rehearsal. There will be no hiatus between Dance Captain<br />
assignments.<br />
An Actor performing the services of Dance Captain shall be paid an increment of no less than 15% of<br />
applicable minimum (weekly Minimum on weekly contracts or applicable Rehearsal and Performance<br />
minimums on Per Performance contracts, in addition to contractual salary. Provision for payment<br />
shall be included in a rider to the Dance Captain's contract.<br />
The Dance Captain’s rehearsal hours shall not exceed the maximum hours set forth in Rules 49(G)(2)<br />
& (H)(2) without incurring overtime. All provisions for breaks, rest periods (including overnight rest) as<br />
provided in Rule 53 REST PERIODS shall apply.<br />
The Stage Manager is prohibited from functioning as Dance Captain.<br />
20. DEFAULTING EMPLOYER<br />
(A) A Producer shall not engage <strong>Actors</strong> unless and until said Producer shall have furnished<br />
security in such amount and in such manner and form as may be satisfactory to Equity to insure<br />
the payment of the claims of <strong>Actors</strong> against said Producer.<br />
(B) Any Producer engaging any Actor represents that said Producer is not in default under any<br />
Agreement with Equity at the time of such engagement, and that no contract has been entered<br />
into between said Producer and Equity or any <strong>Actors</strong>, any breach of which remains unsettled or<br />
unliquidated.<br />
(C) No Actor shall work or be required to work or to continue in the employment of any Producer,<br />
without the consent of Equity, to work for any person, partnership, corporation, enterprise, or<br />
group which has violated or is violating any Agreement with Equity or any of its <strong>Actors</strong>; or which<br />
has failed to abide by any arbitration award, or where, permitted herein, any final determination of<br />
Equity; or which, through failure to meet past obligations to Equity or its <strong>Actors</strong>, has been placed<br />
on Equity's Defaulting Employers' List; nor shall any Actor work for or be employed by anyone<br />
who is or has been connected, either as an individual proprietor, general partner, associate<br />
Producer, corporate director, officer, active stockholder or otherwise with any defaulting Producer<br />
so specified, without the consent of Equity.<br />
(D) No Actor shall work or be required to work or continue in the employment of any Producer or<br />
company, if and when Equity shall be dissatisfied with the quality or amount of any security which<br />
may be offered or given or requested by Equity, to secure the payment of any claim, present or<br />
future, of any Actor.<br />
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21. DEFINITIONS<br />
(A) "Contractual Salary" shall be defined as the negotiated compensation received by the Actor<br />
and shall include, but not be limited to, understudy assignment(s), additional duties, extraordinary<br />
risk, parts payment(s), Dance Captain increments, and Assistant Stage Manager increments.<br />
Payments such as per diem; costume rental; meal break, rest period and back to back<br />
consecutive performance penalties; extra performance payments and emergency performance<br />
payments, shall not be considered part of a contractual salary.<br />
(B) <strong>Cabaret</strong>. <strong>Cabaret</strong> shall mean a 90 minutes or less theatrical production, including intermission,<br />
where the majority of the audience is seated at tables and chairs. Beverages and/or food service<br />
may be provided.<br />
(C) Actor. The term "Actor" shall refer to and include all persons hired on an Equity contract<br />
including Principal, Chorus, Stage Manager, Assistant Stage Manager, Dance Captain, Swing,<br />
and Understudy. (See Rule 68, UNION SECURITY ).<br />
(D) Principal Actor. The term "Principal Actor" shall include all <strong>Actors</strong> hired on Equity contracts<br />
other than those Actor engaged on Chorus contracts and/or engaged to perform Chorus work.<br />
(E) Chorus. The term "Chorus," “Chorus Actor,” "Chorus member," "member of the Chorus,"<br />
"Actor engaged under a Chorus contract" and "Chorus performer" shall include <strong>Actors</strong> engaged<br />
under Chorus contracts and/or actually performing Chorus work, as may be determined by<br />
Equity.<br />
(F) Stage Manager. The term "Stage Manager" shall refer to and include all persons performing<br />
the customary duties of "Stage Manager," "First Assistant Stage Manager," and "Second<br />
Assistant Stage Manager."<br />
(G) Final Curtain. Final Curtain shall be defined as the last curtain down at which point the <strong>Actors</strong><br />
are released from Stage.<br />
(H) Understudy. The term “Understudy” shall include all <strong>Actors</strong> performing understudy duties.<br />
(1) A General Understudy is a member of the company who does not otherwise perform.<br />
(2) A performing Understudy is a performing member of the company who also<br />
understudies other roles.<br />
(I) Workweek and Workday. A "week" shall mean from and including Monday through Sunday. A<br />
"day" shall mean at least 24 hours, in addition to the regular period of rest allowed at the close of<br />
each working day.<br />
22. DEPUTIES AND EQUITY MEMBERS: NO DISCRIMINATION<br />
(A) The Producer shall not dismiss or otherwise penalize any Actor for fulfilling the Actor's duties<br />
or obligations as a Deputy or an Equity member.<br />
(B) In the event the employment of a Deputy is terminated for any reason whatsoever, the<br />
Producer shall furnish written reasons for such termination to both the Deputy and Equity at the<br />
time of dismissal.<br />
(C) Any Deputy or member who claims that the Producer has given the Actor notice or otherwise<br />
penalized said Deputy or member for fulfilling the Actor's duties either as a Deputy or as an<br />
21
Equity member may present the Actor's case to Equity who shall give the Producer an<br />
opportunity to be heard, if the Producer desires this opportunity. If Equity is satisfied that such<br />
activities are the real cause of dismissal or of any penalty, it may permit the Actor's claim to be<br />
arbitrated and shall have the power to determine the character and the amount of the claim to be<br />
submitted.<br />
(D) It is further agreed that, if upon arbitration the claim of the Deputy or member is sustained, the<br />
arbitrator shall have the right to impose a penalty, which penalty shall be at the discretion of the<br />
arbitrator, but shall not exceed the sum of $1000 or five weeks salary, whichever sum is the<br />
greater. If the Deputy's or member's claim is sustained, said Deputy or member shall also be<br />
reinstated with back pay from date of dismissal to date of reinstatement.<br />
23. DEPUTIES AND EQUITY REPRESENTATIVES<br />
(A) Deputies shall be required in each company. Whenever Chorus are employed, there shall be<br />
a Deputy for Chorus singers and dancers, in addition to a Deputy for Principal <strong>Actors</strong>. Deputies<br />
shall have the duty and obligation to report non-compliance with the Rules Governing<br />
Employment in <strong>Cabaret</strong>s to Equity.<br />
(B) Duly authorized representatives of Equity shall have free access to the stage and to all <strong>Actors</strong><br />
at all times, inclusive of rehearsals and performances.<br />
(C) Sufficient time shall be set aside during the beginning of the rehearsal period for an Equity<br />
Representative to conduct Equity business. Such time shall not be considered part of the official<br />
rehearsal hours.<br />
24. DUES AND INITIATION FEES<br />
The Producer shall deduct from the Actor's salary and remit to Equity, union dues, plus initiation<br />
fees, and assessments, provided that the Producer receives timely notice from Equity, with<br />
proper authorization, agreed to and signed by the Actor.<br />
25. DUTIES OF THE ACTOR<br />
(A) The Producer shall not request or permit anyone signed to an Equity Contract to perform such<br />
duties as hosting, waiting tables, and/or busing. No Actor shall perform duties other than those for<br />
which the Actor is properly contracted on an Equity contract.<br />
(B) The Actor shall:<br />
(1) Be prompt at rehearsals;<br />
(2) Appear at the theatre no later than one-half hour prior to the performance;<br />
(3) Pay strict regard to make-up and dress;<br />
(4) Perform the Actor's services as reasonably directed, to the best of the Actor's ability;<br />
(5) Properly care for the Actor's costume and props;<br />
(6) Respect the physical property of the production and the theatre; and<br />
(7) Abide by all reasonable Rules and regulations of the Producer not in conflict with Equity<br />
Rules. (See also Rule 51(B), REPLACEMENT OF ACTOR.)<br />
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26. EQUAL EMPLOYMENT OPPORTUNITY/NON-TRADITIONAL CASTING/NON-<br />
DISCRIMINATION<br />
(A) Equal Employment Opportunity:<br />
(1) It is the intention of the parties that auditions/interviews shall be conducted in a manner<br />
that continues to promote fair consideration to ethnic minorities (African Americans,<br />
Hispanic Americans, Asian Americans and Native Americans), women, seniors and<br />
performers with disabilities. Toward that end the Producer agrees that casting of all<br />
productions will be conducted in a manner which provides full and fair consideration to<br />
ethnic minorities, women, seniors and performers with disabilities (consistent with the<br />
Americans with Disabilities Act and the rules set forth herein.)<br />
(2) It is the intent of the Producer and Equity that casting for all roles shall be made without<br />
regard to race, color, national origin, creed, disability, gender or sexual orientation. It is the<br />
desire of the parties that the stage reflect a multi-cultural society. In furtherance of this<br />
policy, and with due regard for the requirements of and suitability for a job, and with the<br />
understanding that there can be no interference with the contractual rights or artistic<br />
discretion of the Playwright, Director or Choreographer, the Producer shall endeavor to hire<br />
ethnic minorities, women, seniors and performers with disabilities.<br />
(B) Nondiscrimination:<br />
(1) The Parties hereto confirm their commitment to a policy of nondiscrimination with<br />
respect to equal employment opportunity hereunder on the basis of sex, race, color, creed,<br />
national origin, age, disability, sexual orientation, political persuasion or belief. There shall<br />
be no discrimination against any Actor seeking employment.<br />
(2) The cast shall not be required to perform in any theatre, public or private institution, or<br />
other place of performance where discrimination in any form is permitted or practiced<br />
because of sex, race, color, creed, national origin, age, disability, sexual orientation,<br />
political persuasion or belief.<br />
(3) Actor and Producer shall treat all members of the Company, including and without<br />
exception all members of the Production Company employed by Producer and all Staff<br />
employed by the Theatre, with tolerance towards and without prejudice to any person(s)<br />
because of sex, race, color, creed, national origin, age, disability, sexual orientation or<br />
political persuasion or belief.<br />
(C) Non-traditional Casting:<br />
(1) Non traditional casting is for the purpose of increasing employment for ethnic minorities<br />
(African Americans, Hispanic Americans, Asian Americans and Native Americans), women,<br />
seniors and <strong>Actors</strong> with disabilities, and is for the casting of such <strong>Actors</strong> in roles where<br />
race, age, ethnicity, gender or the presence or absence of a disability is not essential to the<br />
play or the character’s development.<br />
(2) ) It is also the intention of the parties that in furtherance of this policy, with due regard<br />
for the requirements of and suitability for employment, and with the understanding that<br />
there can be no interference with the contractual rights or artistic discretion of the<br />
Playwright, Director or Choreographer, the Producer shall endeavor to engage ethnic<br />
minorities, women, seniors and <strong>Actors</strong> with disabilities.<br />
23
(3) The Producer agrees to encourage all Directors, Choreographers and Casting<br />
Consultants in the Producer’s employ to select performers in accordance with the policy<br />
outlined in 26(C)(1)(2)(3). Furthermore, the Producer will provide a statement of this nontraditional<br />
casting policy to his Directors, Choreographers and Casting Consultants.<br />
(D) Performers with Disabilities (See Rule 6(D)(2).)<br />
(E) Records: The Producer will maintain for each production records of ethnic minorities, women,<br />
seniors and performers with disabilities auditioned, interviewed, hired and/or replaced and will<br />
forward such records to Equity within 30 days of the final performance. Equity will provide the<br />
applicable form.<br />
27. EQUITY: SPECIAL PROVISIONS<br />
(A) Equity may represent <strong>Actors</strong> in any dispute which may arise with the Producer, and Equity<br />
may, at all times, represent <strong>Actors</strong> in relation to any matter arising under any employment<br />
agreement, and when any act or request or consent of any such Actor is provided for in such<br />
agreement, the request, consent, or approval of Equity shall, for all purposes, be deemed the<br />
consent, request, approval or act of the <strong>Actors</strong>.<br />
(B) Meetings. The Producer shall not require the services of the Actor for rehearsals (except in<br />
cases where dress rehearsals are being held or rehearsals on opening day) at any time when a<br />
regularly called Equity membership meeting is being held. Time off for this purpose shall not be<br />
counted as a part of that day's rehearsal.<br />
(C) Special Authority to Act for the Actor.<br />
(1) Whenever it is provided in any employment contract that any act or thing may be done<br />
by an Actor at the option of, or with the consent of, or at the request of Equity, or on the<br />
demand of or with the consent of such Actor, Equity, representing the Actor, has and is<br />
given the authority to act for and in place of the member and to assert the Actor's position<br />
or make the Actor's request or demand as the case may be, with all of the power and<br />
authority of the Actor, without liability to itself.<br />
(2) In all cases where, by virtue of any employment contract, the consent, or approval of<br />
Equity is required, the Association has and reserves full discretionary power in giving its<br />
consent to change, modify or limit rights of any member under that member's contract, said<br />
action to be taken on behalf of the Association in writing by either the President, Executive<br />
Director, or one of the Equity executives, especially authorized to act.<br />
(D) Oral and written interpretations. Oral or telephone rulings made by Equity are not binding<br />
upon the Association or, except with its consent upon <strong>Actors</strong>. Written rulings or interpretations of<br />
the employment contract or the Agreement Governing Employment in <strong>Cabaret</strong>s must be either<br />
approved or given by the President, Executive Director, or an Equity representative specifically<br />
authorized to act, and shall be binding upon Equity only when said persons act within the powers<br />
delegated to them by Equity.<br />
(E) Should there be any conflict between any Rules or any basis for more than one interpretation<br />
as to the meaning of any of them, Equity shall have the right to determine the correct<br />
interpretation or resolve the conflict, and its decision shall be binding.<br />
24
(F) Determination of classification. Equity shall have the sole right to determine whether an<br />
individual is correctly classified as an Actor, Chorus, Stage Manager, or Assistant Stage<br />
Manager, and the Producer agrees that Equity's determination shall be final.<br />
28. EXCLUSIVE SERVICE OF THE ACTOR<br />
Except as otherwise provided in the contract of employment, the Actor shall not accept any other<br />
engagement in the legitimate and/or musical comedy field from the date of beginning of rehearsal and<br />
until said contract is lawfully terminated (except as provided in Rule 38, MORE REMUNERATIVE<br />
EMPLOYMENT and Rule 64, TERMINATION) without the written consent of the Producer. The Actor<br />
shall, however, have the right to accept other employment, not conflicting with the fulfillment of the<br />
Actor's duties under said contract.<br />
29. HEALTH BENEFITS<br />
(A) The Producer shall contribute to the Equity-League Health Trust Fund for every week or part<br />
of a week (including rehearsals) that an Actor is under a weekly contract, and/or for all<br />
workweeks (including rehearsal and performance) that an Actor is under a per performance<br />
contract that has a performance schedule of four or more performances per week, the following<br />
sums:<br />
(1) Effective October 15, 20<strong>07</strong>:<br />
In productions with four or more performances per week in which the total weekly Actor<br />
minimum salary is less than $400.00, a Health contribution of no less than $131.00<br />
(including Supplemental Workers Compensation) shall be paid on behalf of each Actor.<br />
In productions with four or more performances per week in which the total weekly Actor<br />
minimum salary exceeds $400.00 per week, a Health contribution of no less than<br />
$167.00 per week (including Supplemental Workers Compensation) shall be paid on<br />
behalf of each Actor.<br />
(2) Effective October 13, 2008<br />
In productions with four or more performances per week in which the total weekly Actor<br />
minimum salary is less than $400.00, a Health contribution of no less than the prevailing<br />
LOA Health Rate (including Supplemental Workers Compensation) shall be paid on<br />
behalf of each Actor.<br />
In productions with four or more performances per week in which the total weekly Actor<br />
minimum salary exceeds $400.00 per week, a Health contribution of no less than the<br />
actuarial Health Rate (including Supplemental Workers Compensation) shall be paid on<br />
behalf of each Actor.<br />
25
(3) Effective October 12, 2009<br />
In productions with four or more performances per week in which the total weekly Actor<br />
minimum salary is less than $400.00, a Health contribution of no less than the prevailing<br />
LOA Health Rate (including Supplemental Workers Compensation) shall be paid on<br />
behalf of each Actor.<br />
In productions with four or more performances per week in which the total weekly Actor<br />
minimum salary exceeds $400.00 per week, a Health contribution of no less than the<br />
actuarial Health Rate (including Supplemental Workers Compensation) shall be paid on<br />
behalf of each Actor.<br />
(4) Effective October <strong>11</strong>, 2010<br />
In productions with four or more performances per week in which the total weekly Actor<br />
minimum salary is less than $400.00, a Health contribution of no less than the prevailing<br />
LOA Health Rate (including Supplemental Workers Compensation) shall be paid on<br />
behalf of each Actor.<br />
In productions with four or more performances per week in which the total weekly Actor<br />
minimum salary exceeds $400.00 per week, a Health contribution of no less than the<br />
actuarial Health Rate (including Supplemental Workers Compensation) shall be paid on<br />
behalf of each Actor.<br />
(B) The Producer further agrees to be bound by the Agreement and Declaration of Trust<br />
establishing the aforesaid Equity-League Health Trust Fund, including all its Rules and<br />
regulations and any and all amendments and modifications thereto which may be adopted by its<br />
Trustees during the term of this Agreement.<br />
30. HOUSING<br />
(A) In the event the Actor is employed away from Actor's place of residence, the following shall be<br />
applicable:<br />
(1) The Producer shall supply housing with full kitchen and private bathroom facilities at no<br />
cost to the Actor. Each Actor must be provided a single, private bedroom.<br />
(2) The Actor may not be required to live on the theatre premises, or in theatre-owned<br />
and/or Producer-owned premises as a condition of employment. Equity has the right to<br />
inspect "on premises" living quarters.<br />
(3) If the Producer owns or leases living accommodations, Producer may offer these to the<br />
Actor provided these accommodations have been approved by Equity.<br />
(4) If the Actor agrees to accept these accommodations, the Actor may do so in the form of<br />
a rider to the Actor's contract.<br />
(B) The Producer will ensure that there are accessible accommodations when an Actor with a<br />
disability is employed.<br />
(C) If the Producer transmits a list of Equity approved housing to the Actor at least 10 days prior to<br />
the Actor's arrival at the theatre, the Producer may require the Actor to notify the Producer of the<br />
Actor's choice within four days after receipt of written notice from the Producer that such prompt<br />
choice is required. Once the Actor has selected a room from this list and has notified the<br />
26
Producer or Producer's representative of Actor's choice, Actor must accept such choice on arrival<br />
or make Actor's own housing arrangements. The YMCA, or any other such comparable<br />
accommodations, may not be considered a choice.<br />
(D) On request of the Actor, the Producer will assist the Actor in obtaining a telephone in Actor's<br />
living accommodations, such phone to be installed at the Producer's expense and maintained at<br />
the Actor's expense.<br />
(E) The Producer warrants and guarantees that the living accommodations secured for the Actor<br />
shall be clean and sanitary. Such accommodations shall include bedding, bed linens, and towels<br />
and, where a kitchen is included, cooking and eating utensils shall be furnished.<br />
(F) The Producer is obligated to secure living accommodations for the Actor and is not<br />
responsible for securing accommodations for the Actor's family or pets.<br />
(G) The Producer, at Producer's expense, shall furnish round-trip transportation to the Actor for all<br />
performances and/or rehearsals under the following conditions:<br />
(1) No available public transportation.<br />
(2) No suitable living accommodations within one-half mile of the theatre by normal<br />
transportation routes.<br />
(H) In all cases where no suitable shopping and/or public dining facilities are available where the<br />
Actor can obtain three meals a day during normal meal hours, seven days a week, within one-half<br />
mile of the Actor's lodgings and/or theatre by normal transportation routes, the Producer shall<br />
provide round-trip transportation to such dining facilities daily and to an area of diversified<br />
shopping including a bona fide supermarket twice a week (if shopping is further than one-half mile<br />
or if there is no pedestrian way between shopping and housing).<br />
(I) If housing and/or restaurants are more than one-quarter mile from the theatre, the Producer<br />
will furnish transportation for <strong>Actors</strong> who are physically disabled or 65 years of age and over, and<br />
for all <strong>Actors</strong> in the event of inclement weather or in the event that the <strong>Actors</strong> are required to use<br />
unlighted roadways after dark.<br />
(J) Local transportation may be furnished in a "Company Car" or a "Cast Car" (and they may be<br />
the same vehicle) but each car shall be properly insured, operated by a properly licensed driver,<br />
and each Actor shall be provided with Actor's own seat facing forward in the car. The car shall be<br />
in good repair with functioning heating and ventilating facilities and shall be equipped with modern<br />
safety devices. It is further agreed that such "company" and/or "cast" car will be covered by<br />
$500,000/ $l,000,000 liability insurance.<br />
(K) Transportation shall be furnished in such manner that the Actor will arrive at the theatre onehalf<br />
hour prior to the beginning of each performance, and promptly for each rehearsal and shall<br />
be available to return the Actor to Actor's living quarters no later than one-half hour after each<br />
performance and promptly after each rehearsal. Public transportation shall not mean public<br />
conveyance for private hire, such as taxis.<br />
(L) It shall be the Producer's obligation and responsibility to locate and reserve suitable living<br />
accommodations for all <strong>Actors</strong> employed; and either to have the Actor met on Actor's arrival in<br />
the town, or instruct Actor in advance where to go on arrival.<br />
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(M)Security Measures. Where possible, in addition to tumbler locks, there shall be a dead bolt<br />
lock on all exterior doors of the Actor's quarters. Neither the Actor's room number, address or<br />
phone number shall be given out by the theatre's business or box office, except to an authorized<br />
Equity representative, unless authorized to do so by the Actor. Phone calls of an emergency<br />
nature shall be promptly relayed to the Actor by the Producer. Emergency phone numbers will be<br />
posted on the official Equity Callboard.<br />
31. ILLNESS AND SICK LEAVE<br />
(A) During Rehearsals. When the Actor shall have absented himself from rehearsal for seven<br />
days by reason of illness or injury, the Producer may terminate the Actor's contract at the end of<br />
said seven days. Equity may, in its discretion, upon appeal by the Producer, reduce this period.<br />
(B) During Performances. If the Actor cannot perform on account of illness, injury (other than an<br />
injury as specified in Rule 32, INJURY AND SUPPLEMENTAL WORKER’S COMPENSATION) or<br />
any other valid reason, then the Actor shall not be entitled to any salary for the time during which<br />
said services shall not for such reason or reasons be rendered. Should the foregoing condition<br />
continue for a period of 10 calendar days or more, either party may terminate said contract and<br />
the Producer shall pay for all services to the effective date of termination.<br />
(C) Sick Leave. The Actor shall accrue one day of sick leave during the rehearsal period. At the<br />
end of the rehearsal period, this day converts to a credit of one performance of sick leave if it has<br />
not been used. Actor shall accrue sick leave at the rate of one performance for each four weeks<br />
of employment. When there are three or less scheduled performances per week, Actor shall<br />
accrue sick leave at the rate of one performance for each ten weeks of employment.<br />
(1) Actor shall be entitled to "borrow" up to six performances of sick leave (when there are<br />
six or more scheduled performances per week) after Actor's first six weeks of employment<br />
or first paid public performance, whichever is later. This entitlement expires after Actor<br />
accrues six performances of sick leave or if there are four weeks or less remaining on<br />
Actor's contract.<br />
(2) Sick leave shall be credited at the beginning of each period.<br />
(3) If an Actor's salary has been reduced as a result of illness before sick leave has<br />
accrued, when the Actor earns sick leave the Actor will be reimbursed an amount<br />
equivalent to the deduction. Sick leave, however, shall not be added to or be consecutive<br />
with the Actor's vacation without written consent of the Producer. The Producer may require<br />
reasonable proof of illness.<br />
(D) Sick Pay. Upon the termination of the Actor's employment, and provided that the Actor has<br />
been employed for at least 40 working weeks within a year, the amount of accumulated sick<br />
leave, up to eight performances per year of employment, shall be paid to the Actor on the basis of<br />
the applicable minimum salary from the date of first employment.<br />
(E) Disability Leave. Any Actor who becomes disabled during the course of Actor's employment in<br />
the production shall be eligible for Disability Leave in accordance with the following provisions:<br />
(1) <strong>Actors</strong> on Term contracts are not eligible to request a leave under this provision.<br />
(2) An Actor who is unable to work may request an unpaid leave of absence for a period of<br />
up to 12 months.<br />
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(3) Such request must be supported by an acceptable medical certificate indicating the time<br />
necessary for the leave.<br />
(4) <strong>Actors</strong> are eligible to request only one such leave for any single medical condition within<br />
the period of employment. However, if a work-related injury is at issue, Actor shall be<br />
eligible for one extension of the leave and/or one additional leave if the Actor returns to<br />
work prematurely or the same work-related injury recurs. Producer may, in Producer’s<br />
discretion, limit total leave(s) for a single work-related injury to a 12-month period,<br />
measured from the first day of the first leave.<br />
(5) The Producer shall use best efforts to insure that the duration of the leave relates to the<br />
nature of the disability. However, in order to accommodate the needs of the production, the<br />
Producer may require that the leave be at least three months in length.<br />
(6) <strong>Actors</strong> on approved leave must notify the Producer at least one month prior to the<br />
expiration of the leave of their intention to return to work as scheduled or to resign.<br />
(7) When a disability leave is requested, Equity will advise the Actor about sick leave<br />
benefits, health benefits, medical coverage and, if applicable, the procedures for direct<br />
payment.<br />
(8) Prior to an Actor's return from a leave, Actor will be required to establish that Actor is<br />
able to meet the artistic and physical requirements of the production. In addition, at<br />
Producer's option, Actor may be required to submit to an appropriate examination by<br />
Producer's medical representative at Producer's expense. Actor at Actor's option may seek<br />
a second opinion at Actor's expense.<br />
(9) The Actor's salary on the Actor's return to the production will be the same as when the<br />
leave began.<br />
(10) Temporary replacement <strong>Actors</strong> may be hired under "Replacement Contracts" for<br />
periods up to the full term of the leave. The replacement Actor may be employed for the<br />
designated term on a Standard Minimum or Term contract. Under no circumstances will the<br />
Producer be required to employ both <strong>Actors</strong> simultaneously. Such replacements will not be<br />
eligible for disability leave under the terms of this provision.<br />
(<strong>11</strong>) During the term of disability, the Actor shall not be entitled to any salary for the<br />
time during which services are not rendered. Upon Actor's return to the production, Actor<br />
shall give no more than three days of free rehearsals.<br />
(F) Unpaid Absence Only for Compelling Circumstances or Emergency. Where there is an<br />
Understudy on contract and ready to perform, an Actor shall be entitled to take up to three days<br />
of unpaid absence in each year of employment for compelling circumstances or emergency. An<br />
example of a compelling circumstance or emergency shall include, but is not limited to, a<br />
wedding, graduation or medical emergency. Such absence is subject to the following:<br />
(1) Actor will give one week's written notice when possible.<br />
(2) The Producer may limit the number of <strong>Actors</strong> out at any one time for Unpaid Absence<br />
but may not limit it to fewer than one Actor per performance.<br />
(3) Such absence may not be taken during the week between Christmas and New Year's<br />
except in extraordinary circumstances.<br />
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(4) Such Unpaid Absence may not be used by Actor to accept other work or to attend an<br />
audition.<br />
(5) Producer may require Actor to explain the compelling circumstance or emergency.<br />
(6) Any Unpaid Absence for a non-compelling circumstance may be granted at the<br />
Producer's sole discretion.<br />
(G) Bereavement Leave. <strong>Actors</strong> shall be entitled to take up to three days of paid leave in each<br />
employment year to attend the funeral(s) of a member of the Actor's immediate family (including,<br />
but not limited to, in-laws, domestic partners and spousal equivalents).<br />
32. INJURY & SUPPLEMENTAL WORKER’S COMPENSATION<br />
(A) Worker's Compensation. The Producer must obtain and maintain Worker's Compensation<br />
insurance coverage for all <strong>Actors</strong> under the Producer's employ in accordance with the<br />
requirements of law. Failure to obtain Worker's Compensation shall make the Producer<br />
individually liable. This obligation shall survive the termination of the Actor's individual contract of<br />
employment.<br />
(B) Supplemental Worker’s Compensation. The Producer shall provide Supplemental Worker’s<br />
Compensation supplementing Worker's Compensation Disability benefits through a group policy<br />
administered by the Equity-League Health Trust Fund at a cost not to exceed $2.00 per Actor per<br />
week. Supplemental Worker’s Compensation is payable in addition to Worker's Compensation for<br />
an injury received in the course of employment. A schedule of benefits may be obtained at the<br />
Equity Office.<br />
(C)"Extraordinary Risks" are defined as, but not limited to performing acrobatic feats; suspension<br />
from trapezes or wires or like contrivances; the use of or exposure to weapons, fire, or<br />
pyrotechnic devices; or the taking of dangerous leaps, falls, throws, catches, knee drops, or<br />
slides. Such definition shall also include set construction which is inherently dangerous. An Actor<br />
shall also be deemed to be engaging in Extraordinary Risks if the staging or choreography<br />
requires the performer to execute movements which depart from the accepted techniques of<br />
movement and support as used in contemporary theatre dance, i.e., classical ballet, modern,<br />
modern jazz, ethnic, tap and soft shoe.<br />
(D) Extraordinary Risk Payments. An Actor called upon to perform "extraordinary risk" shall<br />
receive not less than $12.50 per week above contractual salary, such payments to begin at the<br />
time of such assignment. Equity shall have the sole right to determine what constitutes<br />
"Extraordinary Risk" as defined herein, and may in its discretion order that such Risk be removed<br />
from the production. Equity's decision shall in no way reduce the Actor's right to proper insurance<br />
coverage under the provisions of this Rule. The Actor must agree by means of a contract rider if<br />
the Actor agrees to perform "extraordinary risk".<br />
33. INTIMIDATION<br />
(A) An Actor shall not be compelled to participate in encounter groups, sensitivity sessions, or<br />
classes which Actor deems dangerous to <strong>Actors</strong>' mental health or an infringement upon Actor's<br />
mental or physical privacy.<br />
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(B) If an Actor makes claim in writing to Equity within seven days that Actor was intimidated into<br />
terminating his contract by being compelled to participate in such encounter group, sensitivity<br />
session, or class, Equity shall promptly notify the Producer. If such intimidation is acknowledged<br />
or established, the Actor shall be reinstated and shall be made whole for any loss.<br />
(C) Neither the Producer, nor any personnel under the Producer's supervision or control, shall<br />
intentionally intimidate, harass or humiliate any Actor at any time, including, but not limited to, all<br />
communications to <strong>Actors</strong> in connection with artistic notes. However, it is understood that there is<br />
no intent to interfere with the original Director's or original Choreographer's ability to critique<br />
<strong>Actors</strong> in connection with artistic notes.<br />
34. JUVENILE ACTORS<br />
The following special provisions shall apply to <strong>Actors</strong> not having reached 18 years of age at the time<br />
of signing of the contract:<br />
(A) When Juvenile <strong>Actors</strong> are employed, the Producer will adhere to the provisions of the Child<br />
Performer Education & Trust Act of 2003.<br />
(B) Producer shall provide a responsible person to supervise Juvenile <strong>Actors</strong> during the rehearsal<br />
period and, after the first public performance, from the half-hour call until Juvenile Actor(s) is<br />
called for by a responsible parent or guardian after curtain down. This person shall not be the<br />
Stage Manager or the required Assistant Stage Manager.<br />
(C) If tutoring is required, when the Juvenile Actor(s) are rehearsing and/or performing on a "10<br />
out of <strong>11</strong>-1/2 hour" day all such required tutoring must be held during the permitted rehearsal<br />
hours.<br />
(D) Dressing Rooms. Producer shall use best efforts to provide separate dressing rooms for male<br />
and female Juveniles which shall be separate from the adult dressing rooms.<br />
(E) The foregoing shall apply until the Juvenile Actor reaches the age of 18 years.<br />
(F) During the rehearsal period (including technical rehearsals) the Juvenile Actor(s) under the<br />
age of 16 shall be dismissed no later than <strong>11</strong>:00 p.m.<br />
35. LAY-OFF: CHRISTMAS AND HOLY WEEKS (EASTER AND JEWISH NEW YEAR)<br />
(A) Provided that the Producer shall have given the Actor two consecutive weeks of employment<br />
prior to the Christmas and Holy Weeks, and gives to the Actor two consecutive weeks'<br />
employment subsequent thereto, and further provided that the show reopens after lay-off in the<br />
same theatre, the Producer shall have the right to lay-off the company during these weeks and/or<br />
for no more than seven consecutive days during the 14 day period prior to Christmas Day. There<br />
shall be no less than seven days notice of any such lay-off.<br />
(B) Should such lay-off take place, the Producer shall not during said period be entitled to the<br />
services of the company, except for a run-through rehearsal on the day of re-opening. Equity may<br />
allow additional rehearsals in case of change in cast or illness of the star or prominent member of<br />
the company.<br />
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36. LAWS GOVERNING<br />
(A) All contracts of employment shall be subject to, be construed by, and all the rights of the<br />
parties thereto shall be determined, by the laws of the applicable state except as otherwise may<br />
be provided.<br />
(B) If there are any valid provisions of law applicable to a contract of employment which are in<br />
conflict herewith, the provisions of the contract which conflict therewith shall be deemed modified<br />
in conformity with the provisions of such applicable laws.<br />
(C) If any provision of this Agreement shall be held invalid or unlawful by any tribunal of<br />
competent jurisdiction, the remaining provisions shall not be affected thereby, but shall remain<br />
severally valid, binding and in full force and effect.<br />
37. MILITARY SERVICE; OF THE ACTOR<br />
If the Actor is called to report for military service, the Actor may cancel the Actor's contract by giving<br />
the Producer as much notice as the circumstances will permit and the Producer shall pay the Actor's<br />
transportation to the Actor's place of engagement and the Actor shall not be obligated for the payment<br />
of the fare of Actor's successor.<br />
38. MORE REMUNERATIVE EMPLOYMENT<br />
(A) Short-term Employment. Should the Actor, while signed to a <strong>Cabaret</strong> Contract, show proof of<br />
more remunerative employment in the entertainment industry, the Actor shall be free to accept<br />
such employment upon written notice to the Producer (with a copy to Equity), without obligation<br />
on either party for performances lost. Short-term employment as defined in this Rule is<br />
employment of no more than two weeks. An Actor replacing another performer on short-term<br />
employment notice shall be guaranteed one week's employment plus the applicable rehearsal<br />
pay for each day or fraction thereof the Actor is called upon to rehearse. If the Producer must<br />
engage an additional Actor to replace a "bit" player herein the Actor replaced may not return in<br />
less than one week. If, at the expiration of two weeks, the Actor has not returned to the cast, the<br />
Producer shall have two additional weeks to fill the part.<br />
(B) Long-term Employment. Should the Actor, while signed to a <strong>Cabaret</strong> Contract, show proof of<br />
more remunerative long-term employment in the entertainment industry, the Actor shall be free to<br />
accept such employment upon written notice to the Producer. A copy of said notice must be filed<br />
with Equity, and at its expiration, the <strong>Actors</strong>' <strong>Cabaret</strong> Contract shall terminate. (See Rule 63,<br />
TERM OF EMPLOYMENT.)<br />
(C) For short-term employment, at least 24 hours written notice must be given after five weeks<br />
from opening. 72 hours written notice must be given until five weeks after opening. For long-term<br />
employment, seven days written notice must be given.<br />
(D) No Actor shall give notice, short-term or otherwise, to be effective either during any of the final<br />
seven days of the regular permissible rehearsal period, including opening night, or during any of<br />
the seven days prior to the official opening, including opening night, whichever comes first.<br />
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39. MOTION PICTURE RIGHTS<br />
(A) If the Producer owns or participates in the Motion Picture Rights of a Play or Production, the<br />
Producer shall sign the Equity Motion Picture Rights Agreement prior to the signing of any<br />
individual employment contracts. The Producer further agrees that this Motion Picture Rights<br />
Agreement is, and is offered as a material inducement to the Actor, and is of the essence of the<br />
Actor's employment contract.<br />
(B) In the event the Motion Picture or other Mechanical or Electrical Reproduction Rights are<br />
subsequently sold, leased, licensed, or otherwise disposed of, the Producer or other signatory to<br />
the Motion Picture Rights Agreement agrees that up to a maximum of 50% of the monies<br />
received from said sale shall be used exclusively to reimburse all <strong>Actors</strong> engaged on the <strong>Cabaret</strong><br />
Contract who originally appeared, stage managed, or understudied at the official opening<br />
performance or, if there was no official opening, the <strong>Actors</strong> who appeared, stage managed, or<br />
understudied at the first paid public performance, in an amount equal to three weeks of<br />
performance or two weeks salary at the Standard Production minimum salary then in effect,<br />
whichever is greater.<br />
40. NO LOCKOUTS OR STRIKES<br />
Notwithstanding any other provisions contained in this Agreement to the contrary, no Actor shall be<br />
subject to discharge, discipline, or replacement by the Producer:<br />
(A) For refusal to cross a picket line or enter upon the picketed premises if employees of the<br />
Producer other than those covered by this Agreement are on strike or are picketing the Producer<br />
or;<br />
(B) For refusal to cross a picket line or enter upon the premises of an employer other than the<br />
Producer if the employees of such employer are engaged in a strike ratified by the representative<br />
of such employees which such employer is required by law to recognize. Provided, however, that<br />
in either instance, such strike or picketing must enjoy the sanction of and be ratified by the<br />
relevant parent national or international union and provided further that the Council of AEA<br />
endorses and supports the strike or picketing and directs its <strong>Actors</strong> to honor such picket line or<br />
strike, and further provided that the strike or picketing is not in violation of the law, or;<br />
(C) For refusal to enter a theatre if, at Equity's sole discretion, such performance or entrance<br />
could endanger the Actor's safety.<br />
41. NUDITY<br />
(A) Interviews/Auditions.<br />
(1) Sex acts shall not be permitted.<br />
(2) Nudity shall not be permitted at Principal Interviews.<br />
(3) Nudity at Auditions (Principal and/or Chorus Auditions) shall not be permitted<br />
except with the express written consent of Equity and shall be subject to the following<br />
guidelines:<br />
(a) An Actor shall not disrobe, in whole or in part, until after the Actor has been auditioned<br />
as a Principal Actor or Chorus Singer and/or Chorus Dancer; and<br />
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(b) A Stage Manager or an official Equity representative must be present; and<br />
(c) The direct professional and artistic supervisory capacity of all persons present (i.e.,<br />
Producer, Director, Choreographer) must be attested to by the Producer in writing to<br />
Equity.<br />
(B) Rehearsal/Performances.<br />
(1) Actual sex acts during rehearsal or performance shall not be permitted.<br />
(2) The Actor shall not appear nude or perform acts of a sexual nature in the course of a<br />
stage presentation unless the Actor has been advised and gives written consent by the<br />
time of Actor signing the contract. The script shall be submitted to the Actor prior to contract<br />
signing for review if Actor so requests.<br />
(3) The Actor shall not pose for nude photographs or appear nude for any motion picture<br />
filming, videotaping or other forms of visual recording without the Actor's prior written<br />
consent.<br />
(4) Photographs in which any Actor appears nude or performs an act of a sexual nature<br />
shall not be used in any way without the prior written consent of each Actor appearing in<br />
the photograph or copy of the photograph on a fully executed "Nude Photograph/Video<br />
Release" form. The Actor's written consent must also appear on a copy of the photograph<br />
release. Such request to utilize the photograph must specify the specific use for the<br />
photograph. The signed, released photograph and release form shall be filed with Equity.<br />
The Producer and the Actor shall keep duplicate records.<br />
Prior to the release or use of any film, or video tape, video cassette, or any electronic or<br />
mechanical reproduction in which any Actor appears nude, each Actor appearing in the<br />
scene shall be given an opportunity to view the film or tape. Use or release shall not be<br />
permitted without the prior written consent of each Actor participating in a scene where any<br />
Actor appears nude or performs acts of a sexual nature on a fully executed Equity Nude<br />
Photograph/Video Release form. The Producer shall file a copy of the fully executed<br />
release form for each Actor with Equity. An authorized Equity representative must be<br />
present at all such photographing, filming or videotaping and shall be given the opportunity<br />
to view the materials prior to use or release.<br />
(5) Actor shall not, while nude, mix with the audience or leave the stage, backstage or<br />
performance area. The Producer shall take all necessary measures to insure that no<br />
member of the audience will be permitted to enter the stage, performance area or<br />
backstage while any Actor is nude.<br />
(6) Artists' renderings of nude <strong>Actors</strong> shall not be permitted.<br />
(C) If the Producer breaches any of the above provisions, the Actor shall be assessed damages of<br />
no less than one week's contractual salary for each violation of any of the provisions set forth<br />
above for each Actor involved. The above provisions shall not preclude the Actor or Equity from<br />
instituting any civil or criminal action in addition to the damages set out in this Rule.<br />
42. NUMBER IN CAST<br />
The number of Stage Managers, Principals and Chorus performers employed by the first paid public<br />
performance date may not be reduced for any reason.<br />
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43. PENSION<br />
The Producer shall participate in the Equity-League Pension Trust Fund and shall make weekly<br />
contributions thereto in an amount equal to 8% of all gross payments made to the Actor. This shall<br />
not include the minimum required costume rental payments to the Actor. (See also Rule 52,<br />
REPORTS). The Producer further agrees to be bound by the Agreement and Declaration of Trust<br />
establishing the aforesaid Pension Trust Fund, including all its Rules and regulations and any and all<br />
amendments and modifications thereto which may be adopted by its Trustees during the term of this<br />
Agreement.<br />
44. PERFORMANCES<br />
(A) Number of.<br />
(1) Eight performances in any one week of six out of seven consecutive days shall<br />
constitute a week's work. The number of performances per week must appear on the face<br />
of the contract when submitted to the Actor for signature. There shall be no more than two<br />
performances in any one day, except as may be authorized by Equity. The length of<br />
performance shall not exceed two consecutive hours from the time the scheduled half hour<br />
is called to final curtain.<br />
(2) Performances shall not begin prior to 2:00 PM. nor conclude later than <strong>11</strong>:30 PM.,<br />
except when a twi-night performance is given. The second of such twi-night performances<br />
may not start later than 12:00 AM (See also Rule 53(B), REST PERIODS for twi-night<br />
performances.)<br />
(3) However, provided seven days notice is given to the cast, student matinee<br />
performances may be held prior to 2:00 PM if 12 hours have elapsed since the conclusion<br />
of the previous night's performance.<br />
(4) Upon two weeks written notice to the cast and to Equity, the Producer may alter the<br />
Actor's day off to accommodate a revised performance schedule. This Rule shall not apply<br />
to the rescheduling of the official opening night.<br />
(5) Full contractual compensation shall be paid, even if less than the contracted number of<br />
performances are given in any week.<br />
(6) Total intermission time shall not exceed 30 minutes.<br />
(B) Overtime. Should any of the above provisions be exceeded, overtime shall be paid at the rate<br />
of $9 per one half hour or part thereof.<br />
(C) Extra Performances. Extra performances in excess of that number stated on the Actor's<br />
individual contract are permitted only with the consent of Equity and under terms and conditions<br />
as prescribed by Equity. Requests for extra performances must be submitted in writing at least 10<br />
days prior to the contemplated performances and must contain such information as Equity<br />
requires.<br />
(D) Payments to Actor. All performances or rehearsals for which admission is charged are to be<br />
counted and considered as performances for which the Actor is to be paid.<br />
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45. PHOTOGRAPHS AND PUBLICITY<br />
(A) Company picture calls, except those during the authorized rehearsal hours or dress<br />
rehearsals for replacement, shall be limited to a maximum of three during any 12 month period,<br />
but in no event more than two during the rehearsal period.<br />
(B) Subject to the limitations of (A) above,<br />
(1) The Producer may require the Actor to pose not only for customary and usual<br />
photographs, but also for photographs to appear in magazines or newspapers for the sole<br />
purpose of publicizing and advertising the play, provided said photographing takes place<br />
immediately following the matinee or evening performance or during the authorized<br />
rehearsal hours or dress rehearsals required for replacements.<br />
(2) Picture calls may be scheduled between performances when two performances are<br />
given in one day only with the consent of the majority of the <strong>Actors</strong> involved taken by secret<br />
ballot. Notice of a picture call must be at least a 24-hour notice and must be posted before<br />
the final half hour of a performance. If the Producer desires to take pictures at the time<br />
auditions are held, such pictures may be taken with the written consent of the Actor, prior or<br />
subsequent to the auditions, but in no event during auditions.<br />
(3) The time during which said photographs may be taken shall not exceed two hours.<br />
(4) When Photograph calls are allowed between performances the Actor shall have not less<br />
than one hour rest period after the first performance and the Producer shall, at the<br />
Producer's expense, provide the Actor with a hot meal. If the calls take place after the<br />
second performance, refreshments shall be made available to the Actor(s) at the<br />
Producer's expense.<br />
(5) In the event the Producer requests a picture call for the purpose of replacing a<br />
photograph required to be removed under the provisions of Rule 7, BILLING AND<br />
PROGRAMS, or for other reasons resulting from the replacement of an Actor, and such<br />
picture call involves three or less performers, the time and place of such picture call shall<br />
be mutually arranged between the Producer and the <strong>Actors</strong> and such a call shall not be<br />
considered a Company picture call under the above Rule.<br />
(6) If the photographs are taken at a time other than hereinabove specified, or if the limit of<br />
hours herein specified is exceeded, or if the limitation of Section (A) above is exceeded, the<br />
Actor(s) shall be paid not less than one-eighth or one performance pro-rata, whichever is<br />
greater, of contractual salary extra for each day or part thereof employed on such<br />
photographing.<br />
(7) In all cases under the control of the Producer, the Actor's name shall be properly<br />
credited in the publicity whenever and wherever the photographs are used.<br />
(8) If the Actor does not receive proper credit in photographs or publicity under the control<br />
of the Producer, Equity or the Actor shall notify the Producer by certified letter return receipt<br />
requested of the improper credit. If such error is not corrected by at least one week of<br />
receipt of said notice to the Producer, the Producer must pay the Actor one-eighth or one<br />
performance pro-rata, whichever is greater, of Actor's contractual salary for each day the<br />
error remains uncorrected.<br />
(C) If Actor performs any material from the show, it will be under terms specified by Equity.<br />
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(D) The Producer shall reimburse the Actor for all reasonable personal expenses incurred in<br />
connection with personal and publicity appearances initiated or required by the Producer. All<br />
interviews and personal appearances shall be at the Actor's convenience and with the Actor's<br />
agreement, and the Actor shall be paid transportation to and from any interview or personal<br />
appearance. The Producer shall have the right to designate the form of transportation.<br />
(E) The Producer must obtain the Actor's prior written authorization before the Actor's picture may<br />
be used in conjunction with a commercial product and said authorization must specify the<br />
commercial product involved. If the Actor consents to the use of the Actor's picture, as aforesaid,<br />
the Actor shall be paid not less than $200 for said use. <strong>Actors</strong> called to a picture call for the<br />
purpose described above, whether said call is at the theatre or elsewhere, shall be paid $200 per<br />
hour for said call, but shall be paid no additional sums for the use of pictures taken during said<br />
call. This requirement of the above Section (E) shall not apply to the so-called institutional ads<br />
similar in type to the department store ads on file at the offices of Equity.<br />
46. PRODUCTION PROSECUTED<br />
(A) Should the production in which the Actor is engaged be complained of as being in violation of<br />
any statute, ordinance, or law of the United States, or any State or any municipality in any State,<br />
and should a claim or charge be made against the Actor on account of being engaged in such<br />
production, either civil or criminal, the Producer shall defend the Actor at the Producer's expense,<br />
or shall pay any and all reasonable charges laid out or incurred by the Actor in the Producer's<br />
defense, and indemnify the Actor against any loss or damage which the Actor may suffer on<br />
account of being engaged in any such production.<br />
(B) The language, business and costuming of the play are under the control and direction of the<br />
Producer and author, who according to custom, can at any time erase or amend the scenes and<br />
lines, and that consequently the Actor has no certain method of knowing during rehearsals,<br />
whether in its final presentation the play is susceptible of being considered immoral or indecent.<br />
Therefore the Producer represents to the Actor that the play as produced shall not violate any law<br />
or give offense which is punishable by any law, and expressly agrees that should the Producer or<br />
the author be arrested or summoned on such charges, that, Equity consenting, the Actor may end<br />
and terminate the engagement forthwith. Upon such termination the Producer shall pay to the<br />
Actor forthwith all sums due under this Agreement plus one week's salary, as compensation for<br />
the termination of the engagement without notice, but in no event shall the Actor receive less than<br />
a total of two weeks' salary.<br />
(C) This Rule shall not apply to any case or any set of conditions where its enforcement would be<br />
illegal or against public policy. In the case of an arrest on account of the nature of the play or its<br />
production, the Producer shall forthwith furnish bail for the Actor; and, in the event of the<br />
Producer's failure to do so, or for any breach of this Rule, the Producer shall pay to the Actor,<br />
Equity consenting, the sum of $1000. After an arrest, the Actor may demand a suspension of<br />
performance pending a determination, and such suspension shall not terminate or otherwise<br />
affect the terms of the Agreement unless Equity shall otherwise order.<br />
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47. PROPERTY; REIMBURSEMENT TO ACTOR<br />
(A) The Producer shall reimburse the Actor for all loss and/or damage to the Actor's property used<br />
and/or to be used in connection with the play or plays covered by this Agreement; the personal<br />
clothing worn by the Actor to the theatre, and the personal clothing or personal effects or property<br />
worn or carried by the Chorus to Chorus auditions; and the personal effects of the Actor, including<br />
the Actor's baggage, while such property is wholly or partly in the possession or control or under<br />
the supervision of the Producer, or under that of any of the Producer's representatives, or while<br />
said property is in any theatre, building or other place in which the play or plays covered by this<br />
Agreement has been or is being given or is to be given; or when said property or personal effects<br />
has been in any way shipped, forwarded or stored by the Producer or any of the Producer's<br />
representatives, agents, or employees, up to a limit of $2000 for the Actor's personal effects<br />
and/or clothing; up to a limit of $750 on the Actor's furs; up to a total limit of $500 for the Actor's<br />
jewelry.<br />
(B) Except that, if the Producer provides facilities for safekeeping the Actor's personal valuables,<br />
jewelry and/or cash not used in the production, while said articles are in any theatre, the Producer<br />
shall be liable for loss and/or damage only if said personal valuables, jewelry and/or cash are<br />
given to the Producer or the Producer's agent for safekeeping. In this regard, the Producer shall<br />
provide facilities for safekeeping of said articles, and to inform all <strong>Actors</strong> of same and of the<br />
necessity for using such facilities (under the provisions of this Rule) by a written notice posted on<br />
the call board. The Actor's signature on this notice shall be deemed proper notice to the Actor of<br />
the existence of these facilities.<br />
(C) The Producer shall be liable as hereinabove provided whether or not the act, fault or<br />
negligence of the Producer, the Producer's agents, or representatives, caused or contributed to<br />
such loss or damage. The Producer, however, shall not be liable for any loss or damage to the<br />
property of the Actor while said property is under the sole and exclusive control and supervision<br />
of the Actor.<br />
(D) Except as above provided, the Producer shall not be responsible for any loss and/or damage<br />
to the personal property of the Actor over and above the limitations herein set forth, and where as<br />
to such property it is the duty of the Actor, if the Actor desires to protect himself against loss, to<br />
insure the same. The Producer may meet the foregoing obligation by maintaining adequate and<br />
sufficient insurance coverage which shall provide the same protection as the Producer hereby<br />
assumes. Upon the direct payment of any loss or damage to the Actor by the Producer, the<br />
Producer or the Insurer shall be subrogated to all rights of the Actor to the extent of such<br />
payment.<br />
48. RECORDINGS USED IN PRODUCTION<br />
(A) The Actor shall not be required to work in any company where recordings or mechanical or<br />
electronic reproductions of voice are used to supply dialogue, singing and chanting, or business<br />
where live <strong>Actors</strong> might be employed, unless the Producer shall have first obtained the written<br />
consent and permission of Equity, and shall comply with all such terms and conditions as Equity<br />
may prescribe.<br />
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(B) Ensemble Recordings. An Actor engaged to record material which is ensemble in nature<br />
(unrecognizable) for use in the production may do so provided that Actor is originally contracted<br />
for the duty or contracted by rider to participate in such recording and further provided that the<br />
Actor is compensated upon leaving the production at no less than one week's or eight<br />
performances pro-rata, whichever is greater, of Actor's contractual salary if the recording is used<br />
in the production after Actor's termination.<br />
(C) Individual or Duet Recordings. An Actor engaged to record material which is individual in<br />
nature (i.e., recognizable) for use in the production may do so provided that Actor is originally<br />
contracted for the duty or contracted by rider to participate in such recording and further provided<br />
that the Actor is compensated upon leaving the production at no less than two week's or 16<br />
performances pro-rata, whichever is greater, of Actor's contractual salary for each 26 weeks' use<br />
of the recording.<br />
(D) In the event no one in the cast is appropriate for the purpose of making a recording for use in<br />
the production, the Producer may hire an Actor at the AFTRA non-broadcast, off-camera daily<br />
rate provided no more than two minutes of such recorded material is used in the production for<br />
each such Actor. Any recording so produced may be used for that one production only.<br />
(E) An Actor or Assistant Stage Manager called upon to supply recorded dialogue or sweetening,<br />
and not contracted to do so, shall be paid no less than an additional one-sixth or one<br />
performance pro-rata, whichever is greater, of Actor's contractual salary. A Stage Manager called<br />
upon to supply recorded dialogue or sweetening shall be paid no less than an additional two<br />
weeks or 16 performances pro-rata, whichever is greater, of Actor's contractual salary.<br />
(F) This provision will not apply to recognizable "star" voices and Equity will not require payment<br />
for same provided the Producer obtains written permission from any such star currently living.<br />
The definition of "star" shall be determined by Equity in its sole discretion.<br />
49. REHEARSALS<br />
(A) Beginning of. Rehearsal pay shall begin with the date specified on the Actor's individual<br />
contract. Subsequent to the signing of a <strong>Cabaret</strong> contract, the Actor may agree to attend a first<br />
play reading prior to the first day of rehearsal. If the Actor does attend, the Actor's Pension and<br />
Health contribution shall begin on such date, and payments therefore shall be made, and the<br />
Actor shall receive one-sixth or one day pro-rata, whichever is greater, rehearsal salary; provided<br />
that the period between such reading and the Actor's first rehearsal shall not exceed two weeks.<br />
(For requirement of Stage Managers prior to and at rehearsals, see Rule 61, STAGE<br />
MANAGERS.) The Producer and/or Stage Manager must notify Equity of the time and place of<br />
the first day of rehearsal at least two days prior to the first rehearsal.<br />
(B) Except as stated in 49(A) above, rehearsals shall be continuous from the date of the first<br />
rehearsal to the date of the first public performance of the play as stated on the face of the<br />
Contract of Employment. Computation of rehearsal hours shall be consecutive from first call to<br />
each Actor on each day.<br />
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(C) Rehearsal Salary.<br />
(1) Minimum hourly rehearsal salaries shall be payable at no less than the Minimum Rates<br />
specified below.<br />
Minimum Rates:<br />
Actor, Understudy:<br />
$13/hr.<br />
Assistant Stage Manager<br />
$15/hr.<br />
Stage Manager/ASM/Understudy: $17.50/hr.<br />
(2) Weekly Contracts Under Tiers 3, 4, 5, and 6. Rehearsal may be compensated at the<br />
appropriate weekly minimum salary.<br />
(D) Rehearsal Period. During the first 4 weeks of rehearsals, rehearsal salary shall be paid.<br />
Thereafter, full contractual salary shall be paid. If after six weeks the production has not had a<br />
first paid public performance, rehearsal time shall not exceed 32 hours per week.<br />
(E) Days Off. There shall be one day off after no more than six days of employment in each week<br />
of employment, except for the final seven days of rehearsal preceding the first paid public<br />
performance, said day off to be completely free of any rehearsal and/or performance.<br />
(F) Rehearsal Calls. All rehearsal calls shall be a minimum of four hours.<br />
(G) Rehearsals Before First Paid Public Performance.<br />
(1) Breaks. During the rehearsal period there shall be a recess of one and one-half hours<br />
after a period of not more than five consecutive hours of rehearsal. In addition, there shall<br />
be a break of five minutes in each hour of rehearsal for both musical and dramatic<br />
productions. If a five minute break is not given by the end of 55 minutes, a 10 minute break<br />
must be provided at the end of 80 minutes. (See Rule 53, REST PERIODS.)<br />
(2) Hours. The Actor shall not rehearse more than eight and one-half consecutive hours a<br />
day, which shall include the one and one-half hour recess provided in (G)(1), said eight and<br />
one-half hours to be computed from the time of rehearsal call for each Actor. The maximum<br />
rehearsal time in any week shall be limited to 42 hours. The Company, by unanimous<br />
consent, may elect to rehearse seven out of eight hours.<br />
The maximum rehearsal time set forth above shall not apply during the final seven days of<br />
rehearsal preceding the first paid public performance. During said period, rehearsals shall not<br />
exceed 48 hours nor shall the span on any single day exceed the actual number of hours<br />
rehearsed plus a one and one-half hour rest period, and in no event more than three<br />
rehearsal days using 10 hours of rehearsal out of an <strong>11</strong> and 1/2 hour day.<br />
(3) On-Stage Technical Rehearsal. There must be at least one complete technical<br />
rehearsal on-stage (without an audience) prior to the first paid public performance.<br />
(H) Rehearsals After First Paid Public Performance.<br />
(1) Breaks. After the first Paid Public Performance there shall be a recess of one and onehalf<br />
hours after a period of not more than five consecutive hours of performances and/or<br />
rehearsals combined.<br />
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(2) Hours. Rehearsals after the first paid public performance shall be limited to eight hours<br />
each week, 10 hours weekly for Understudies, and shall take place on no more than two<br />
days. No rehearsals after the official opening may be held on two-performance days except<br />
with the permission of Equity. However, Understudies who are not performing may<br />
rehearse on a two performance day. The performing cast shall not be called to understudy<br />
rehearsals for more than four hours per week. After the first paid public performance,<br />
rehearsal hours for Dance Captains shall be limited to ten hours per week without<br />
additional compensation.<br />
There will be no rehearsal on the day following the day off except for the first public<br />
performance, the official opening, previews, emergency and/or cast replacements if the<br />
replacement is going into the performance that evening. Rehearsals called for the purpose of<br />
replacing musicians shall be paid for at the overtime rate.<br />
(3) Rehearsals after Performance. Rehearsals shall not be scheduled after an evening<br />
performance. However, notes may be given for a period not to exceed one hour after<br />
curtain, such time to be chargeable as rehearsal hours. Note sessions may only be<br />
scheduled with 24-hours written notice to the <strong>Actors</strong>.<br />
(4) Rehearsals after Opening. Rehearsals may only be scheduled with 24-hours written<br />
notice to the <strong>Actors</strong>.<br />
(5) Per Performance Contract. <strong>Actors</strong> under a Per Performance contract shall be<br />
compensated for all rehearsal at the appropriate hourly rehearsal salary for each hour or<br />
part thereof. (See (C)above.)<br />
(I) Rehearsal Pianist. The Producer shall provide, at the Producer's expense, a rehearsal pianist<br />
for all musical rehearsals.<br />
(J) Overtime. Should the Actor rehearse more than the hours stipulated in this Rule, the Producer<br />
shall pay overtime of $9 per half-hour for any half-hour or part thereof for each instance of such<br />
overtime rehearsal.<br />
(K) Attendance at. After the official opening, if the Actor has other employment on a particular day<br />
and notifies the Producer for that purpose, the Actor shall not be required to attend a rehearsal<br />
called on said day. Such notice shall not be less than 72 hours.<br />
(L) Costume Measuring. The Actor shall be available for one costume measuring prior to the<br />
rehearsal period at a mutually convenient time, and one two-hour costume call in addition to the<br />
regular rehearsal hours during the rehearsal period, provided that the hours for the costume call<br />
and rehearsals shall be consecutive. The Actor shall receive carfare or transportation if required<br />
to travel to and from the costumer.<br />
(M)Absence From. (See Rule 31(A), ILLNESS AND SICK LEAVE.)<br />
(N) Rehearsals discontinued or play abandoned . If a production is abandoned before or during<br />
rehearsals, the Producer shall pay the Actor a sum equal to two weeks contractual salary plus all<br />
rehearsal salary due to date.<br />
(O) Rehearsal for Replacements. The replacement Actor shall be guaranteed no less than six<br />
hours of rehearsal including, if possible, a complete run-through with the entire company prior to<br />
his first public performance.<br />
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50. REOPENING OF A PRODUCTION<br />
A production once closed shall not be reopened within eight weeks of its closing, or reopen under any<br />
Equity contract, without the consent of Equity. Such consent, upon equitable terms and conditions,<br />
shall not be unreasonably withheld.<br />
51. REPLACEMENT OF ACTOR.<br />
(A) Unless Equity shall otherwise order, the Actor may not be required to alternate with an<br />
Understudy or successor, and if replaced by either, the Actor may not thereafter be required<br />
(unless Equity otherwise orders) to act again in the part or to report at the theatre for that<br />
purpose. Payments, however, shall be continued to be made to the Actor according to the terms<br />
of the Actor's agreement.<br />
(B) Inability to Perform.<br />
(1) If the Actor is temporarily replaced for a single performance because the Actor is late for<br />
half-hour or appears at the theatre unable to perform due to intoxication or similar cause,<br />
the Producer, subject to the provisions of Rule 5, ARBITRATION, may determine that the<br />
Actor shall not perform. In this instance 51(A) shall not apply and the Actor shall be<br />
required to perform thereafter, provided the Producer notifies Equity in writing of such<br />
action, and the reasons therefor within 24-hours. Should such temporary replacement be<br />
determined to be without just cause by an arbitrator or by other mutually agreeable means,<br />
the Actor shall be paid full salary for any performance not played as a result of the<br />
Producer's action, and shall continue to perform under the Actor's contract.<br />
(2) Should the Producer dismiss an Actor for inability to perform due to intoxication or<br />
similar cause and so notify the Actor in writing, and also notify Equity of such action and the<br />
reasons therefor within 24 hours, the above provisions shall not apply. If it should be<br />
determined by an arbitrator or by other mutually agreeable means that the dismissal was<br />
without just cause, the Actor shall be paid full salary for any performances not played as a<br />
result of the Producer's action and shall be required to immediately resume the Actor's<br />
performances when notified to do so by the Producer. Payment for the missed<br />
performances must be paid prior to the Actor resuming performances under the Actor's<br />
contract. Pending the determination of the arbitrator, the Actor need not report to the<br />
theatre. Unless it is determined by an Arbitrator or by other mutually agreeable means that<br />
such dismissal was unjustified, the provisions of (C) shall also not apply.<br />
(C) Should a Producer dismiss or give an Actor notice whereby the Producer terminates the<br />
Actor's employment (except where employment is terminated during rehearsals or under the<br />
provisions of Rule 51(A)), the Producer may not re-engage the Actor for the same part or replace<br />
the Actor by another Actor at a lesser salary than the highest salary in the original contract<br />
without the written consent of Equity.<br />
42
(D) If an Actor is signed to a <strong>Cabaret</strong> contract, and the Actor's part is cut out before the first public<br />
performance, the Producer shall pay to the Actor a sum equal to two weeks contractual salary<br />
plus any rehearsal salary due. If the part of an Actor signed to a Limited Term (formerly Run-ofthe-Play)<br />
contract shall have the Actor's part cut before the official opening or up to eight weeks<br />
from the first day of rehearsal whichever is sooner, the Producer may terminate said contract by<br />
the payment of a sum equal to four weeks contractual salary to the Actor, in addition to all sums<br />
due for services rendered, plus four additional weeks salary to the extent that the play runs more<br />
than four weeks after the <strong>Actors</strong> part is cut.<br />
(E) Emergency Replacements. (See Rule 66(I), UNDERSTUDIES.)<br />
52. REPORTS.<br />
(A) W-2 Forms. W-2 Forms shall be furnished to the Actor with the last salary payment or within<br />
30 days following the end of the calendar year, whichever is sooner. Equity may, at its discretion,<br />
at any time, require the Producer to submit proof satisfactory to Equity that all <strong>Actors</strong> employed<br />
are given a withholding tax receipt (W-2 Form) and statement of Social Security deductions.<br />
Each Actor shall receive all information regarding refundable state and local taxes and all forms<br />
applicable to same, or if not immediately available, information as to where such forms may be<br />
obtained with final pay<br />
(B) The Producer must furnish to Equity, on a form supplied by Equity for that purpose or on a<br />
computerized version of said form, a weekly "Pension and Health" report listing all <strong>Actors</strong><br />
employed by the Friday following the last performance of the week.<br />
Pension and Health reports shall be sent to: (1) AEA Contracts Department; (2) AEA Membership<br />
Department; (3) the Equity-League Health Trust Fund; and (4) the Equity-League Pension Fund.<br />
(C) If the Producer does not file Pension and Health reports for four weeks, the Producer shall pay<br />
to the <strong>Actors</strong>' Equity Foundation the sum of $25 for each subsequent week of failure to do so.<br />
53. REST PERIODS<br />
(A) There shall be a 12 hour rest period between the end of employment on one day and the<br />
beginning of employment on the next day, except on the final day before the first paid public<br />
performance when the rest period may be not less than 10 hours, including Stage Managers.<br />
(B) Twi-Night Performances. There shall be no less than one-half hour rest period, exclusive of<br />
half-hour between twi-night performances. The Producer shall provide refreshments to all <strong>Actors</strong><br />
and Stage Managers between twi-night performances.<br />
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54. SAFE AND SANITARY CONDITIONS OF EMPLOYMENT<br />
The Producer shall provide the Actor with safe and sanitary places of employment.<br />
(A) Rehearsal Spaces.<br />
(1) The Producer agrees not to rehearse in any space that has not been previously<br />
inspected and approved by a Representative of Equity.<br />
(2) Rehearsal Spaces shall include:<br />
(a) Heat and air conditioning as necessary.<br />
(b) One private toilet for each gender.<br />
(c) Adequate wash basins with adequate hot and cold water.<br />
(d) Proper ventilation.<br />
(e) Touch-tone pay phone.<br />
(f) For dance rehearsals: sprung dance floor.<br />
(g) Ample, pure, cool drinking water shall be provided at not cost wherever the Actor is<br />
required to rehearse or perform.<br />
(h) First Aid kits, stocked with adequate supplies, shall be available and easily accessible<br />
at all times to rehearsal areas.<br />
(B) Performance Spaces.<br />
The Producer agrees not to perform in any space that has not been previously inspected and<br />
approved by a Representative of Equity.<br />
(1) All stage areas (including non-traditional stage areas) will be well ventilated and every<br />
effort will be made to keep stage areas at a comfortable and healthful temperature by the<br />
time of the <strong>Actors</strong>’ call. Heating and air-conditioning systems shall be properly maintained<br />
in good working condition.<br />
(2) Should temperatures exceed or drop below a comfortable and healthful level,<br />
appropriate modifications will be made in order to allow <strong>Actors</strong> to perform comfortably.<br />
Appropriate modifications may include but are not limited to costume adjustments, fans,<br />
portable air conditioning units, dehumidifiers, portable heaters, ice packs and cool drinking<br />
water.<br />
(3) Floors, Condition of:.<br />
(a) <strong>Actors</strong> shall not be required to rehearse, audition or perform dances or musical<br />
staging on concrete or marble floors or on any other surfaces which Equity shall deem to<br />
be injurious or unsafe, or on wood or on any other substance laid directly over such<br />
similar surface which do not provide adequate resilience.<br />
(b) Where a portable stage is used, platforms must be fastened securely and the stage<br />
completely covered by a level deck or decks of such material as wood or masonite. The<br />
edge of all decks must be clearly visible or protected by securely fastened guard rails.<br />
(c) Pits not in use shall be covered completely by a firm material.<br />
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(4) Raked Stage. Raked Stages are prohibited.<br />
(5) Smoke and Haze Effects.<br />
(a) Permitted Substances. The Producer agrees to use only dry ice, liquid nitrogen, or<br />
substances listed in, and in accordance with the specified limits set forth in the HEALTH<br />
EFFECTS EVALUATION OF THEATRICAL SMOKE, HAZE, AND PYROTECHNICS.<br />
(b) Notice Requirements.<br />
(1) Prior to the first day of tech, the Producer must send written notification to Equity<br />
which shall include the following:<br />
(a) Names of all machines, fluids and attachments (e.g. chiller, etc.)<br />
(b) Indicate whether each effect will be following the time and distance<br />
calculations in the EQUIPMENT-BASED GUIDELINES FOR THE USE OF<br />
THEATRICAL SMOKE AND HAZE or a portable air-sampling monitor as outlined<br />
in the EVALUATION OF SHORT-TERM EXPOSURES TO THEATRICAL<br />
SMOKE AND HAZE AIR SAMPLING PROTOCOL both prepared by ENVIRON<br />
International Corporation dated May 14, 2001 and as may be amended by<br />
Environ and Mount Sinai.<br />
(2) Prior to the first paid public performance, the Producer must send written<br />
notification including but not limited to the following:<br />
(a) The location and setting of each machine and fluid combination<br />
(b) A list of the cues, including the cue lengths and the distance between the<br />
effect’s release point and the nearest actor.<br />
(3) Thereafter, the Producer must notify Equity, in writing, of any changes and/or<br />
additions to the original notification not later than 72 hours prior to the first use.<br />
(4) The Producer must post all written notifications to the <strong>Actors</strong>’ callboard.<br />
(6) Dressing Rooms.<br />
(a) Separate dressing rooms for male and female <strong>Actors</strong> will be provided.<br />
(b) Dressing rooms (except quick-change booths) shall be of a permanent type, and shall<br />
not be only under canvas.<br />
(c) Each Actor shall be provided at least 30 inches of dressing table space.<br />
(d) All dressing rooms shall have adequate lights, chairs, mirrors at least one foot by two<br />
feet in dimension, shelves and wardrobe hooks for <strong>Actors</strong>' make-up and dressing<br />
equipment, and clothing racks or their equivalent with hangers for the <strong>Actors</strong>' personal<br />
clothes.<br />
(e) All dressing rooms shall be maintained in a clean and sanitary condition. Floors shall<br />
be washed or vacuumed at least once each week, and dressing rooms cleaned at least<br />
once each working day.<br />
(f) Dressing rooms shall be painted and maintained as necessary. Peeling paint and<br />
loose plaster shall be repaired upon written notification by Equity as soon as practicable.<br />
45
(g) At the Actor's request, the Actor shall be the only person permitted to clean Actor's<br />
own dressing room table and mirror.<br />
(h) Use of fluorescent lighting for make-up purposes is prohibited unless the fluorescent<br />
lighting is specifically warranted by the manufacturer to be for make-up purposes.<br />
(i) All dressing rooms must be properly heated or air-conditioned and every effort will be<br />
made to keep the rooms at a comfortable and healthful temperature by the time of the<br />
Actor’s call. Each dressing room must be equipped with air-conditioning systems, aircooling<br />
systems or some similar type of mechanical. Heating and air conditioning<br />
systems shall be property maintained in good working condition, and cleaned as<br />
necessary to insure proper ventilation and the circulation of air. Producer shall use best<br />
efforts to supply these mechanical devices upon notification from Equity. Should the<br />
Producer fail to take steps to provide mechanical devices within 48 hours of notification<br />
from Equity, the Actor, Equity consenting, shall not be required to remain at the theatre.<br />
Ventilation shall meet the standards set by the municipal health codes.<br />
(j) An indoor touch-tone telephone with the ability to access long distance carriers and<br />
touch-tone services (answering machines and voice mail) shall be accessible to the<br />
<strong>Actors</strong> dressing room areas.<br />
(k) Alleys and roads leading to stage doors of theatres shall be safe, easily accessible<br />
and properly lighted. Runways between dressing rooms and the theatre shall be covered<br />
and paved or boarded.<br />
(l) Dressing room entrances and windows shall be properly masked from the view of the<br />
audience to insure the Actor's privacy.<br />
(m)There shall be a fire extinguisher accessible to each dressing room.<br />
(7) Lavatory and Toilet Facilities.<br />
(a) Separate sanitary facilities will be provided for male and female <strong>Actors</strong>. Toilets and<br />
lavatories will be easily accessible to the cast at all times and will be separate facilities<br />
from those provided for the audience<br />
(b) The Producer will provide soap, toilet tissue and paper towels.<br />
(c) Sinks with hot and cold running water shall be available or reasonably convenient to<br />
the dressing rooms. "Reasonably convenient to" shall mean within the same building and<br />
in the dressing room area.<br />
(d) In all theatres where the Actor has dancers, requires nudity, is required to use body<br />
make-up, there shall be showers with hot and cold running water.<br />
(e) Washrooms and toilets must be cleaned at least once each working day. Floors shall<br />
be washed or vacuumed as least once each week. Showers as specified in (d) above<br />
shall be available for use and cleaned as necessary.<br />
(f) Washrooms shall be painted and maintained as necessary. Peeling paint, loose<br />
plaster and faulty plumbing shall be repaired upon written notification by Equity as soon<br />
as practicable.<br />
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(g) Any walkway between the dressing rooms and toilet facilities shall be masked from<br />
the view of the audience.<br />
(8) Stage Managers’ Booths.<br />
Stage Manager’s booth shall have:<br />
(a) Adequate table space for the Stage Manager’s use<br />
(b) An adequate adjustable seat<br />
(c) Adequate lighting<br />
(d) And, to the extent possible, an unobstructed view of the stage. (If the view is<br />
substantially obstructed, a video monitor shall be provided.)<br />
(e) The Stage Manager’s booth shall also have an audio monitor from the stage and a<br />
communication and/or paging system in working order between the booth and the<br />
dressing rooms. (If an Assistant Stage Manager will always be on headset backstage,<br />
then a communication system both between the booth and the stage and between the<br />
stage and the dressing rooms will be deemed sufficient.)<br />
(f) All obstructions, (i.e., pipes, conduit, ducts, beams, any other protrusions extending<br />
into the booth) must be clearly marked and securely fastened. All electrical devices must<br />
be shielded per OSHA regulations.<br />
(g) Access-ways must have adequate lighting and adequate handrails. Treads on<br />
stairways and/or permanent ladders shall be maintained in safe condition and OSHA<br />
approved.<br />
(h) The Producer agrees to provide adequate secure, lockable space for the Stage<br />
Manager’s belongings.<br />
(i) The Stage Manager’s booth must be properly heated or air conditioned in as<br />
necessary. Heating the Stage Manager’s booth may be accomplished by means of a<br />
space heater, provided that there is room and the space heater would not present a<br />
safety hazard. Heating and air conditioning systems shall be properly maintained in good<br />
working condition, and cleaned as necessary to insure proper ventilation and the<br />
circulation of air.<br />
(j) The Stage Manager’s booth shall be maintained in a clean and sanitary condition.<br />
Floors shall be washed or vacuumed at least once each week. (See Rule 61(P)(4).)<br />
(k) The Stage Manager’s booth shall be painted and maintained as necessary. Peeling<br />
paint and loose plaster shall be repaired upon written notification by Equity as soon as<br />
practicable.<br />
(9) Extermination. Producer agrees to provide extermination service as needed.<br />
(10) <strong>Actors</strong> with disabilities. Should an Actor with disabilities be employed, reasonable<br />
accommodations shall be provided. Additionally, should a Stage Manager with disabilities<br />
be engaged, and the Stage Manager’s booth is not accessible, Producer shall use best<br />
efforts to make an alternative space available.<br />
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(<strong>11</strong>) Guide Lights. All ramps, stairways, levels or platforms higher than three feet,<br />
entrances and exits, cross-over areas, or off-stage passageways, which may be affected by<br />
blackouts, shall be illuminated with guide lights, or luminous tape.<br />
(12) Aisles. Aisles shall be maintained in a firm and even condition and if not<br />
constructed of a hard surface such as concrete, asphalt, or macadam, must be covered,<br />
and the coverings be secure.<br />
(13) Cots. The Producer shall provide two clean cots backstage for any performer<br />
who may become ill during a rehearsal or performance. These cots shall not be in a<br />
dressing room but shall be easily available to the entire company. The Producer may, in<br />
lieu of the above, provide a cot in each dressing room.<br />
(14) First Aid Kits. Portable First Aid Kits, stocked with adequate supplies, and first aid<br />
information shall be available and easily accessible at all time wherever the Actor is<br />
required to rehearse, dress or perform.<br />
(15) Intercom System. An intercom system between the stage area and the dressing<br />
rooms shall be installed in all theatres in which Equity deems that the dialogue from the<br />
stage is not clearly audible in the dressing rooms.<br />
(16) Drinking Water and Cups. Ample, pure, cool drinking water and cups shall be<br />
provided at no cost to the Actor either backstage or in the dressing rooms and wherever the<br />
Actor is required to rehearse or perform.<br />
(17) All areas of the theatre must be equipped for air circulation, heating, safety, safe<br />
access, and proper lighting.<br />
(18) Medical Services. An up-to-date list of medical services including doctors,<br />
dentists and hospitals, must be posted on the call board at all time and qualified medical<br />
personnel shall be available in case of emergency.<br />
(19) Fire Safety Procedures. The Producer must post fire safety procedures which<br />
shall include the locations of all fire exits, fire fighting equipment and evacuation<br />
procedures. The theatre’s designated Fire Guard shall give the <strong>Actors</strong> a walk-through of<br />
the building to point out fire exits.<br />
(20) Smoking Areas. In theatres and rehearsal areas where smoking is permitted,<br />
areas shall be designated by the Theatre as smoking areas, and smoking shall not be<br />
permitted outside said areas.<br />
(21) Where the <strong>Actors</strong>' safety is at issue, Equity, in its sole discretion, may require a<br />
rehearsal call to address said safety issue.<br />
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(22) Inspection and Compliance. The Producer agrees that Equity's representative<br />
shall have the right to inspect the theatre to determine whether the Safe and Sanitary<br />
requirements set fort in the foregoing Rules have been complied with. Any deficiencies<br />
shall be reported in writing to Equity and the representative shall furnish the Producer with<br />
a copy of such report. Upon receipt of such report. Equity may notify the Producer, in<br />
writing, to correct the deficiencies. Unless the Producer then either corrects the deficiencies<br />
noted or gives Equity assurances satisfactory to it that such deficiencies will be promptly<br />
corrected, Equity may certify the theatre as unauthorized for rehearsal, for performances,<br />
or both, as Equity may determine. Upon such certification and until correction of the<br />
deficiencies or the giving of assurances reasonable time, Equity may require the <strong>Actors</strong> to<br />
refrain from rehearsing and/or performing in the theatre.<br />
(23) Producer shall post such notices as are required by the regulations of the<br />
Occupational Safety and Health Administration.<br />
(24) Notwithstanding any other provisions of these Rules or the individual contracts of<br />
employment, Equity in its sole discretion shall determine whether the aforementioned Safe<br />
and Sanitary Conditions are being properly maintained.<br />
55. SALARIES<br />
(A) Minimum contractual salaries shall be payable at no less than the Minimum Rates specified<br />
herein.<br />
(1) Minimum Eight Performance Weekly Rates. (See also Rule 44, PERFORMANCES and<br />
Rule 49(C) Rehearsal Salary):<br />
Commencing October 15, 20<strong>07</strong><br />
TIER SEATING ACTOR, U/S ASM SM,ASM/U/S<br />
CAPACITY<br />
Tier One 0-100 $408 $445 $492<br />
Tier Two 101-200 $484 $5<strong>11</strong> $587<br />
Tier Three 201-300 $587 $624 $708<br />
Tier Four 301-400 $692 $737 $842<br />
Tier Five 401-500 $805 $880 $973<br />
Tier Six 501 and Up * * *<br />
Commencing October 12, 2009<br />
TIER SEATING ACTOR, U/S ASM SM,ASM/U/S<br />
CAPACITY<br />
Tier One 0-100 $420 $458 $5<strong>07</strong><br />
Tier Two 101-200 $499 $526 $605<br />
Tier Three 201-300 $605 $643 $729<br />
Tier Four 301-400 $713 $759 $867<br />
Tier Five 401-500 $829 $906 $1,002<br />
Tier Six 501 and Up * * *<br />
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(2) Minimum Per-Performance Rates. (Multiplied by the number of designated<br />
performances per week and Rule 49(C) Rehearsal Salary).<br />
(a) In productions with four or more performances per week, the following minimum<br />
salaries shall be in effect:<br />
Commencing October 15, 20<strong>07</strong><br />
A B C D E F<br />
0-100 101-200 201-300 301-400 401-500 501 + *<br />
ACTOR, U/S $56 $67 $81 $96 $<strong>11</strong>1<br />
ASM $62 $70 $86 $102 $121<br />
SM,ASM/U/S $68 $81 $98 $<strong>11</strong>7 $134<br />
Commencing October 12, 2009<br />
A B C D E F<br />
0-100 101-200 201-300 301-400 401-500 501 + *<br />
ACTOR, U/S $58 $69 $84 $99 $<strong>11</strong>4<br />
ASM $64 $73 $89 $104 $125<br />
SM,ASM/U/S $70 $84 $101 $120 $139<br />
*This Category may be utilized only with the consent of Equity and under such terms and<br />
conditions as may be established by Equity.<br />
(b) In productions with three or fewer performances per week, an additional increment of<br />
$20.00 per performance must be added to the above per performance minimums.<br />
(B) Stage Managers and Assistant Stage Managers: Compensation in Addition to Contractual<br />
Salary. The Stage Manager and Assistant Stage Manager employed under a Per Performance<br />
contract shall be compensated at the prevailing hourly rehearsal rate for all production services<br />
rendered outside of the scheduled rehearsal and/or performance times. (See Rule 49(C).)<br />
(C) Weekly or contractual salary. All compensation received by the Actor is subject to federal,<br />
state and local withholding taxes.<br />
(D) All salaries shall be paid to the Actor the day before the last banking day in the week. When<br />
paid, the Actor must be issued a stub or other record of gross salary; increments and dates<br />
thereof, itemized deductions (including Union dues); and net salary.<br />
(E) Overtime. Overtime compensation shall be no less than $9.00 per half hour or part thereof.<br />
(F) Term (formerly Run-of-the-Play) Contract or Rider. An Actor employed under a Weekly<br />
Contract may be signed to a limited Term Contract or Rider for a period not to exceed three<br />
months provided Actor receives at least $100 per week in addition to the contractual salary. (See<br />
Rule 17(D), CONTRACT).<br />
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(G) Term (formerly Run-of-the-Play) Contract or Rider. An Actor employed under a Weekly<br />
Contract may be signed to a limited Term Contract or Rider for a period not to exceed six months<br />
provided Actor receives at least $100.00 per week in addition to the contractual salary. (See Rule<br />
17(D), CONTRACT).<br />
(H) Subsequent Term Contract or Rider. If an Actor signed to a three month Term Contract is<br />
subsequently signed to another 3 month Term in the production, the Actor must be paid<br />
retroactively to the time the original three month rider was executed and thereafter at the six<br />
month Term salary.<br />
(I) Checks; When Check is Payment. No check or draft, either of the Producer or a third party,<br />
given to or received by the Actor in payment of any sum due under the Actor's contract of<br />
employment shall operate to minimize or affect the Actor's claim for salary or other compensation<br />
under the Actor's contract. The amount the Actor does receive, however, shall serve as a credit<br />
against the full amount of the claim.<br />
(J) Contingent Compensation. No employment contract shall be entered into by the Producer or<br />
Actor where additional compensation above minimum is contingent upon receipts without the<br />
written consent of Equity, which consent will not be unreasonably withheld. In no case shall<br />
compensation be contingent upon profits.<br />
(K) Actual salary. The actual salary of the Actor agreed upon shall be stated in the contract and a<br />
lesser or fictitious salary shall not be stated in the contract. A new contract will be issued and<br />
signed whenever the Actor's salary is increased.<br />
(L) Additional duties. The Actor shall not be required to do any additional work without mutual<br />
agreement and an additional negotiated compensation therefor which shall not be less than<br />
$20.00 per week. Additional work is defined as playing additional parts, doing additional<br />
understudying or doing additional work not specified in the Actor's contract at the time of its<br />
original signing.<br />
(M)Set Moves.<br />
(1) Definition of Work Permitted Without Additional Compensation:<br />
(a) Actor shall be permitted, without payment of additional compensation, to set props<br />
and small set pieces, and to move furniture and set pieces specifically designed to be<br />
easily utilized by such Actor, provided that such action is within the scope of the Actor’s<br />
character in the play and that such movement would customarily be performed by such a<br />
character during the action depicted in the play. In no event may an actor be required to<br />
pre-set scenery before the show or at intermission, nor shall any actor be required to<br />
strike scenery at intermission or after the show except when such pre-set or strike takes<br />
place in view of the audience (a vista). This shall not preclude an Actor from choosing to<br />
pre-set his/her own props.<br />
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(b) Actor shall be permitted, without payment of additional compensation, to set props<br />
and small set pieces and to move furniture and set pieces specifically designed to be<br />
easily utilized by such Actor, provided that such action coincides with Actor’s entrance<br />
into (or exit from) a scene in which the Actor takes part as an integral and necessary<br />
participant in the staged plot. Such movement need not be attributed customarily to any<br />
character during the action depicted in the play. Resetting of props in a scene by <strong>Actors</strong><br />
participating in said scene, shall be permitted.<br />
(2) Definition of Work Permitted With Additional Compensation.<br />
(a) Actor shall be permitted, upon payment of additional compensation to make entrances<br />
and exits for the primary purpose of setting props and small set pieces and for moving<br />
furniture and set pieces specifically designed to be easily utilized by such Actor, provided<br />
that such assignments do not prevent or preclude the Actor from fulfilling Actor’s<br />
customary duties as an Actor.<br />
(b) <strong>Actors</strong> shall be paid additional compensation, if assigned special blocking (staging),<br />
the primary purpose of which is to set props, small set pieces, move furniture, and set<br />
pieces specifically designed to be easily utilized by such Actor. Such assignments shall<br />
not prevent or preclude the Actor fulfilling Actor’s customary contractual duties as an<br />
Actor. Special blocking (staging) shall be defined as blocking (staging) which requires<br />
Actor to arbitrarily remove himself or his character from the action flowing out of and<br />
related to the plot of the play in order to accomplish the prop or set move, interrupt the<br />
flow of Action on the stage, or any such move accomplished during such interruption of<br />
the action of the play, including but not limited to those accomplished during blackouts,<br />
dim-outs, or such other conventional interruptions during which scene shifts take place.<br />
(3) Definition of Work Not Permitted Except With the Permission of and Under Terms<br />
Satisfactory to Equity.<br />
(a) Set or prop moves which are inherently hazardous due to location on stage, weights<br />
of the set piece or prop, construction, pyrotechnic or electrical effects, proximity to<br />
machinery or simultaneous movement of other scenery or effects shall not be undertaken<br />
by the Actor without the express consent of Equity.<br />
(b) Set or prop moves or other assignments not customarily undertaken by the Actor<br />
which interfere with the normal work of the Actor or for which the Actor may be engaged<br />
to the exclusion of work normally assigned to an Actor shall not be undertaken without<br />
the express consent of Equity under the terms satisfactory to it.<br />
(4) Compensation.<br />
(a) Additional duties as defined hereunder shall be assigned to the Actor by Rider to<br />
Actor’s employment contract. It is agreed that assignments may be withdrawn or<br />
reassigned at the discretion of the Producer and that additional compensation payable<br />
hereunder may likewise be adjusted upon execution of a rider to the Actor’s employment<br />
contract. The Actor shall not be required to do any set or prop moves without mutual<br />
agreement and an additional negotiated compensation therefore, which shall not be less<br />
than $5.00 per move per week.<br />
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(b) An Actor who performs as a Swing, Understudy, or temporary replacement in a part<br />
which involves set or prop moves for which additional compensation is required, shall be<br />
contracted as outlined above and shall be paid pro-rata for each performance.<br />
(5) Payment hereunder shall be in addition to Actor’s contractual salary unless Actor has<br />
agreed at the time of signing Actor’s original contract of employment that any payments<br />
over minimum salary shall cover set and prop moves as set forth herein.<br />
(N) Expense Money. When the Actor is required to be away from Actor's place of residence,<br />
which address shall conform to that registered with the AEA Membership Department, the Actor<br />
shall receive, in addition to Actor's own contractual salary, per diem expense money as follows:<br />
$20 per day if housing has kitchen facilities; $40 per day if housing does not have kitchen<br />
facilities. (See also Rule 30, HOUSING).<br />
56. SECRET VOTE<br />
(A) At all meetings called by the Deputy or Stage Manager, the vote shall be by secret ballot.<br />
(B) Should any situation arise where the Producer wishes the company to consider any<br />
proposition not covered by the Standard Equity contracts of employment or Equity Rules, the<br />
Producer shall notify the Deputy and the Deputy shall arrange a meeting of the cast which may<br />
be held at the theatre where the company is playing.<br />
(C) At such meeting or meetings, neither the Producer nor the Producer's representative shall be<br />
present other than to explain the Producer's position. Any proposed action by the cast shall not,<br />
however be binding without the written approval of Equity.<br />
(D) The determination of the Council of Equity as to any issue arising under the above provision<br />
shall be final and binding upon the Producer and each Actor.<br />
57. SECURITY AND SECURITY AGREEMENTS<br />
(A) The provisions of any and all agreements relating to security deposited or agreed to be<br />
deposited with Equity covering any employment under this Agreement and any contracts of<br />
employment are hereby adopted and made part of this Agreement and said contracts. This<br />
includes agreements on forms now called "Bond," "Security Agreement," and "Producer's<br />
Statement." It is of the essence of this Agreement and all contracts of employment and a<br />
condition precedent to the engagement of the Actor that the Producer shall have filed and<br />
maintain with Equity a satisfactory security as required by Equity's existing Security Agreement<br />
and Rules.<br />
(B) Bond. A sum satisfactory to Equity shall be deposited as security with Equity in a form<br />
acceptable to Equity. The entire bond is returnable to the guarantor no later than 30 days after all<br />
the Producer's obligations have been met.<br />
58. SERVICE DURING THE PERFORMANCE<br />
(A) The performance shall not begin until all aisles, ramps and stairs used as exits, entrances, or<br />
playing areas during the show have been cleared. They shall be kept clear during the<br />
performance.<br />
53
(B) The management shall use its best efforts to minimize table or bar service of food or drink<br />
during the performance, and such service shall not interfere in the production values as<br />
established by the director.<br />
59. SOCIAL SECURITY/UNEMPLOYMENT INSURANCE<br />
(A) The Actor shall be entitled to the benefit of all Federal and State laws constituting what is<br />
commonly known and designated as Social Security Acts and Unemployment Insurance and the<br />
Producer during the term of the Actor's contract shall pay any and all taxes or payments required<br />
to be paid by employers under the provisions of said law.<br />
(B) The Producer shall provide Social Security Benefits under the elective provisions of the Social<br />
Security Law, if the Producer is not required to provide benefits under the law. In the event the<br />
services of the Actor are not subject to the compulsory provisions of an Unemployment<br />
Compensation law of any State, then the Producer hereby agrees that the Producer will elect to<br />
cover the Actor and pay contribution on the earnings of the Actor under the elective provisions of<br />
the Unemployment Insurance Law of the State of New York. In the event, however, the Producer<br />
is not eligible to come under the New York State Unemployment Insurance Law, then the<br />
Producer shall elect to come under the Unemployment Compensation Law of the State where the<br />
Producer's principal place of business resides, or of the State of the Actor's residence, or of the<br />
State where the contract of employment was entered into.<br />
(C) The Producer shall elect coverage and pay contributions within the time required by applicable<br />
state law. When such election is made to New York State, the Producer shall report the Actor by<br />
name, social security number and by New York address to the appropriate agency during the first<br />
week of the Actor's employment and, in no event, later than the quarter in which the work is<br />
performed.<br />
(D) The Producer shall execute and file the necessary forms required by the State Unemployment<br />
Compensation (Insurance) Law under which the Producer has elected to cover the Actor and<br />
shall notify the Actor of the Producer's election. The Producer shall furnish the Producer's<br />
unemployment registration number to the Actor and to Equity as soon as such number is<br />
assigned to the Producer.<br />
(E) The Producer shall submit proof satisfactory to Equity that the Producer has applied for<br />
unemployment insurance coverage, and deliver a true copy of the Producer's application to<br />
Equity. The Producer warrants and represents that the Producer will not withdraw such<br />
application nor modify nor change it without written consent of Equity.<br />
(F) In the event any Producer fails to apply for Unemployment Insurance Coverage or withdraws<br />
or modifies any application for such coverage without the written consent of Equity, or fails to<br />
elect coverage within the time required by applicable state law, or fails to pay the required<br />
insurance contributions to the appropriate state agencies within the time required, the Producer in<br />
that event must pay to the Actor the equivalent of any Unemployment Insurance benefits the<br />
Actor may lose as a result thereby. This obligation shall survive the termination of the Actor's<br />
contract of employment.<br />
(G) The Producer shall obtain and maintain Worker’s Compensation insurance coverage for all<br />
<strong>Actors</strong>, Stage Managers and Assistant Stage Managers in the Producer's employ.<br />
54
(H) Failure to obtain Worker’s Compensation shall make the Producer individually liable. This<br />
obligation shall survive the termination of the Actor's contract of Employment. Where possible,<br />
Unemployment Insurance coverage shall at Equity's discretion be in the state most favorable to<br />
the Actor.<br />
60. STAGE FIGHTING<br />
(A) The following regulations shall govern whenever a production requires <strong>Actors</strong> to enact a fight.<br />
(1) The Actor must agree by means of a contract rider in order to participate in stage<br />
fighting.<br />
(2) At the discretion of the Stage Manager, all <strong>Actors</strong> who participate in a fight may be<br />
required to run through the routine or any 10 minute segment of it before half hour of each<br />
performance, except before the second performance on a twi-night performance night.<br />
(3) Whenever possible, performing members of the company shall rehearse fights with<br />
Understudies during regular rehearsal hours.<br />
(4) After the official opening, the Stage Manager must be consulted before any changes are<br />
made in a fight routine.<br />
(5) Such stage fighting rehearsals shall be exempt from regular rehearsal hours and shall<br />
be exempt from overtime.<br />
(6) In the absence of a qualified Fight Captain in the company, the Producer shall call the<br />
Fight Director or Fight Director's designee when Producer or Producer's designee deems it<br />
necessary, after consultation with the Stage Manager.<br />
(7) Whenever a qualified Fight Captain within the company is engaged, Actor shall agree in<br />
a contract rider and be paid from the first date of assignment but in no event later than the<br />
first day of rehearsal, the greater of $5 per performance or $20 per week, in addition to<br />
Actor's weekly contractual salary.<br />
(8) All rehearsals shall utilize tumbling mats. The Producer shall provide any necessary<br />
protective clothing for rehearsal and/or performance.<br />
(9) Proper first-aid information and equipment (including ice-packs and eye wash) shall be<br />
made available at any rehearsal or performance site where stage fighting/violence occurs.<br />
(B) Firearms<br />
(1) Whenever firearms are used in a production, there shall be a safety demonstration for<br />
the entire company conducted by a qualified individual, prior to the first paid public<br />
performance or use of firearms in rehearsal, whichever occurs first. Thereafter, safety<br />
demonstrations and/or instructions shall be required for all affected replacement <strong>Actors</strong> as<br />
well as Swing and Understudies, before their first paid public performance. Brush-up safety<br />
demonstrations and/or instructions shall be required at least once every six months.<br />
Attendance at the yearly demonstration shall be mandatory. Any and all modifications to<br />
firearms shall be done by a licensed gunsmith. Demonstration time shall be counted as<br />
rehearsal time.<br />
55
(2) It shall be the responsibility of the Producer to ensure that any use of firearms in the<br />
production is in compliance with all applicable state and/or local laws regulating the use of<br />
firearms in theatrical productions. (For example, current California law requires that<br />
individuals using firearms as props have permits for such use.)<br />
(3) Any costs associated with the use of firearms shall be borne by the Producer.<br />
61. STAGE MANAGERS/ASSISTANT STAGE MANAGERS<br />
(A) The Stage Managers and Assistant Stage Managers shall be employed under Equity<br />
contracts.<br />
(B) Pre-Production.<br />
(1) Weekly Contract and Per Performance Contracts with Four or More Performances Per<br />
Week. The Stage Manager shall be employed at least one week prior to the first week of<br />
rehearsal and any required Assistant Stage Manager shall be employed no later than one<br />
day prior to the first day of rehearsal.<br />
(2) Per Performance Contract with Three or Fewer Performances Per Week. For<br />
productions with fewer than four performances per week, the Stage Manager shall be<br />
engaged no later than three days prior to rehearsal and shall be guaranteed no less than<br />
21 hours of pre-production work at no less than the hourly rehearsal rate. The Assistant<br />
Stage Manager shall be employed no later than the first day of rehearsal.<br />
(C) The use of the words "Stage Manager" and "Assistant Stage Manager" and/or "members of<br />
the stage managerial staff" along with the word "Actor" in any of the Rules of this Agreement have<br />
been inserted for added emphasis and/or clarification. The failure of those words to appear in any<br />
Rule is not meant to imply that the Rule does not cover these categories of employment. Stage<br />
and Assistant Stage Managers are covered by all the Rules in this Agreement except where<br />
specifically stated otherwise.<br />
(D) In venues with more than 200 seats and a schedule of five or more performances per week,<br />
an Assistant Stage Manager who is permitted to act shall be required.<br />
(E) In venues with more than 300 seats and a schedule of five or more performances per week,<br />
an Assistant Stage Manager who is not permitted to act shall be required.<br />
(F) Equity may require an Assistant Stage Manager for any production that is technologically<br />
complex , has multiple sets or a large cast.<br />
(G) If an ASM/Understudy is to be engaged for performance weeks, a freestanding ASM must be<br />
engaged during the rehearsal period, including pre-production, through two weeks after the first<br />
paid public performance.<br />
(H) The Stage Manager must be consulted by the Producer in the selection of the Assistant Stage<br />
Manager.<br />
56
(I) The Stage Manager shall not be permitted to act, understudy or serve as Dance Captain or<br />
Fight Captain. The Assistant Stage Manager shall not be permitted to act, but may understudy as<br />
specified above, provided it is so stated in the Assistant Stage Manager's contract; and further<br />
provided that, except in an emergency, the Assistant Stage Manager is not required to perform<br />
any understudy duties until two weeks after the first paid public performance. An ASM/U/S must<br />
be present at the theatre for every performance.<br />
(J) Continuous Employment. No Stage Manager or Assistant Stage Manager shall be required to<br />
do any work of any nature whatever without an individual contract executed after security has<br />
been properly posted with Equity and said Stage Manager (or Assistant Stage Manager) has<br />
received instructions from the Producer as to said Stage Manager's (or Assistant Stage<br />
Manager's) duties. Stage Managers and Assistant Stage Manager's shall be employed<br />
continuously, commencing with the date specified on the individual contract, which in the case of<br />
the Stage Manager may not be later than one week prior to the first rehearsal date. In no event<br />
shall pre-production salary be less than contractual salary.<br />
(1) Whenever a Stage Manager or Assistant Stage Manager does work related to the<br />
production, which shall include but not limited to attending meetings, scheduling and<br />
contacting the cast, crew and liaison, said work shall be regarded as part of the work week.<br />
(2) Should the Producer require the Stage Manager to perform any duties related to the<br />
production prior to the week before the beginning of rehearsals or the Assistant Stage<br />
Manager to perform any duties related to the production any time prior to the beginning of<br />
rehearsals, the Producer shall pay said Stage Manager at the rate of no less than one-sixth<br />
or one performance pro-rata, whichever is greater, of contractual salary for each day or part<br />
thereof of employment. In these cases no contract is required to be signed, but a letter of<br />
intent shall be signed and filed with Equity, signifying Producer's intent to employ the Stage<br />
or Assistant Stage Manager.<br />
(3) Post-Production. When the Stage Manager or Assistant Stage Manager is required to<br />
perform services in a production after the production has closed, the Stage Manager or<br />
Assistant Stage Manager shall be paid at the rate of no less than one-sixth or one<br />
performance pro-rata, whichever is greater, of Stage Manager's contractual salary for each<br />
day or part thereof, of such employment. This payment shall be subject to Pension and<br />
Working Dues.<br />
(K) Should a Stage Manager and/or Assistant Stage Manager, while under contract for a <strong>Cabaret</strong><br />
production, be called upon to perform additional services for a "Class A Production," National<br />
Tour, Bus & Truck, Las Vegas, other production, or any other version of that production, for which<br />
the Stage Manager and/or ASM is under contract, and in which the Producer bears a financial<br />
interest, the Stage Manager and/or Assistant Stage Manager and the Producer (or Producer's<br />
designee) shall negotiate an additional compensation for such additional services in an amount<br />
which shall not be less than one-sixth of the appropriate minimum for the subsequent production<br />
or the current contractual salary, or one performance pro-rata, whichever is greater, for each day<br />
or part thereof for which services were rendered.<br />
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(L) A member of the Stage Managerial staff shall not be required to prepare any production script<br />
specifically for publication purposes. In the event that the Producer does request a member of the<br />
Stage Managerial Staff to prepare or alter a script so that it is appropriate for publication, the<br />
member of the Stage Managerial Staff may agree provided that no less than one week's<br />
contractual salary is paid for such preparation.<br />
(M)If the Producer terminates the Stage Manager's or Assistant Stage Manager's employment,<br />
the Stage Manager or Assistant Stage Manager may not be re-engaged or replaced in the same<br />
production at a lesser salary.<br />
(N) Equity shall have the right to define the term "Stage Manager" and "Assistant Stage<br />
Manager"; and also retains the right to alter, change or modify the meaning of "Stage Manager"<br />
and "Assistant Stage Manager" as hereinabove defined.<br />
(O) It is agreed that the Stage Manager's function is a full time one. The Stage Manager must not<br />
be required to function in areas which impinge upon Stage Manager's primary duties as a Stage<br />
Manager.<br />
(P) Duties and Obligations of Stage Managers and Assistant Stage Managers.<br />
(1) A Stage Manager shall be obligated to perform at least the following duties, and by<br />
performing them is hereby defined as the Stage Manager. The Stage Manager shall:<br />
(a) Be responsible for the calling and/or coordinating of all rehearsals and note sessions,<br />
whether before or after opening;<br />
(b) Be responsible for assembling and maintaining the Prompt Book which is defined as<br />
the accurate playing text and stage business, together with cue sheets, plots, daily<br />
records, and so forth, as are necessary for the actual technical and artistic operation of<br />
the production. The Prompt Book is the property of the Producer;<br />
(c) Work with the director and coordinate and communicate with the heads of all other<br />
departments during rehearsal and after opening;<br />
(d) Schedule rehearsals and outside calls in accordance with Equity's regulation;<br />
(e) Assume active responsibility for the form and discipline of rehearsal and performance,<br />
and be the executive instrument in the technical running of each performance;<br />
(f) Maintain the artistic intentions of the Director and the Producer after opening, to the<br />
best of Stage Manager's ability, which shall include giving notes and calling brush-up<br />
rehearsals of the company when necessary, and preparation of understudies and<br />
replacements when and if the Director and/or Producer declines this prerogative;<br />
(g) Keep such records as are necessary to advise the Producer and Producer's<br />
representative on matters of attendance, time, or other matters relating to the rights of<br />
<strong>Actors</strong>.<br />
(h) Maintain discipline.<br />
(i) Notify the Producer and/or Producer's representative when the safe and sanitary<br />
conditions of the playing and/or rehearsal areas are not being maintained.<br />
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(j) Notify the Producer and/or Producer's representative when the facilities or provisions<br />
made by the Producer for the security of personal property are not available and/or<br />
operable.<br />
(2) The following duties are not Stage Managerial duties and members of the Stage<br />
Managerial staff may not be required to perform them.<br />
(a) Design, build, hang, strike, operate, or shop for or maintain lights, sound, scenery,<br />
props, wardrobe, or function as stage hands;<br />
(b) Arrange living accommodations;<br />
(c) Order or distribute food for the company;<br />
(d) Transport the company or be responsible for the maintenance of any vehicle.<br />
(3) If the Producer requests any member of the Stage Managerial staff to perform any of<br />
the above duties, such requirement must be contracted and compensated for separately.<br />
(4) The following activities are prohibited and Stage Managers and Assistant Stage<br />
Managers shall not accept responsibility for :<br />
(a) Having contracts or riders signed or initialed, or any other function which normally<br />
comes under the duties of the General Manager or Company Manager (which is not to<br />
preclude delivery of contracts and/or riders in a sealed envelope addressed to the<br />
individual Actor;<br />
(b) Signing the closing notice of the company or the individual notice of an Actor on<br />
termination of contract (which is not to preclude posting of all closing or other pertinent<br />
company notices);<br />
(c) Doing the payroll or distributing payments, including but not limited to per diem,<br />
except when such payments are delivered in a sealed envelope addressed to the<br />
individual Actor;<br />
(d) Doing building maintenance, janitorial, custodial or restaurant work.<br />
(e) Be responsible for securing and locking any part of the theatre or backstage areas.<br />
(Q) Working Conditions for Stage Managers and Assistant Stage Managers.<br />
(1) Whenever the <strong>Actors</strong> are called, the Stage Manager or Assistant Stage Manager shall<br />
be called.<br />
(2) Except in an emergency, a member of the Stage Managerial staff shall be present at all<br />
rehearsals and performances. The Stage Manager's or Assistant Stage Manager duties<br />
shall not be performed by anyone other than a Stage Manager or Assistant Stage Manager,<br />
respectively under an Equity Contract. The Assistant Stage Manager shall not be assigned<br />
the primary responsibility for a production.<br />
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(3) Except where expressly stated otherwise, all Rules for the Actor pertaining to<br />
rehearsals, performances, overtime, breaks, rest periods and travel time shall also be<br />
applicable to the Stage Manager and Assistant Stage Manager. If the Stage Manager<br />
and/or Assistant Stage Manager rehearse(s) and/or performs(s) hours which would have<br />
given an Actor overtime had an Actor rehearsed or performed those hours, the Stage<br />
Manager and/or Assistant Stage Manager shall receive the overtime compensation that<br />
would have been due the Actor.<br />
(4) Meal breaks shall be for the same time period as for <strong>Actors</strong>, but not necessarily at the<br />
same time.<br />
(5) Except after the first paid public performance, when the rest period shall be 12 hours,<br />
there shall be at least a 10-hour rest period between the end of work on one day and the<br />
beginning of work on the following day. Any violation of this rest period shall be<br />
compensated at the double overtime rate.<br />
(6) In each week of the rehearsal and performance period the Stage Manager and<br />
Assistant Stage Manager shall be entitled to one full, 24-hour day off in addition to the<br />
overnight rest period. (See Rule 49, REHEARSALS.) If the Stage Manager or Assistant<br />
Stage Manager is called on Stage Manager's day off, Stage Manager shall be<br />
compensated at no less than an additional two-sixths of Stage Manager's weekly<br />
contractual salary.<br />
(7) The refreshment break between twi-night performances shall be for the same time<br />
period as for the Actor, but not necessarily at the same time. If the Stage Manager is<br />
unable to take this break, then the Producer shall compensate the Stage Manager and/or<br />
Assistant Stage Manager with the monetary equivalent of the refreshments offered the<br />
Actor, but in no event less than $5 per break.<br />
(8) Whenever and wherever a Stage Manager's or Assistant Stage Manager's schedule is<br />
different from that Actor's schedule, the Producer shall provide separate transportation for<br />
the Stage Manager and Assistant Stage Manager to meals and lodging.<br />
(9) The Producer shall make best efforts to see that Stage Manager's booths shall be<br />
cooled (or heated) to within a temperature range of 60 to 80 degrees Fahrenheit.<br />
(10) There must be functioning intercommunication equipment between the Stage<br />
Manager, Assistant Stage Manager, and those who help run the show.<br />
(<strong>11</strong>) The Stage Manager shall be engaged for all televising, audio and/or visual<br />
recording, broadcasting, and filming.<br />
(12) The Stage Manager and/or Assistant Stage Manager is not permitted to work on<br />
a concert, recital presentation, or other show without additional compensation.<br />
(13) It shall not be a condition of employment that any of the Stage Managerial Staff<br />
own or operate a motor vehicle.<br />
(R) In the event that for any performance the Stage Manager is not present on the premises and<br />
no temporary replacement Stage Manager is hired, the Assistant Stage Manager fulfilling the<br />
duties of the Stage Manager shall receive not less than the minimum salary for the Stage<br />
Manager.<br />
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62. TELEVISING, RECORDING, AND MOTION PICTURE FILMING<br />
(A) There shall be no televising, broadcasting, visual and/or sound recording, motion picture<br />
filming, or video taping, in whole or in part, of any production in which <strong>Actors</strong> are employed under<br />
the terms of this Agreement without the express permission of Equity and under terms and<br />
conditions established by it. Such permission will not be withheld unreasonably. This prohibition<br />
shall be in effect from the beginning of employment until 16 weeks after the production has<br />
closed.<br />
(B) Should a cast album be made of a <strong>Cabaret</strong> production, all terms and conditions applicable to<br />
cast albums of the Agreement and Rules Governing Employment under the Off-Broadway<br />
Agreement shall apply.<br />
(C) TV or Radio Spot Commercials. Equity shall permit the Actor to make a TV or Radio Spot<br />
Commercial of one minute or less duration promoting the theatre or production, if not less than<br />
the applicable SAG or AFTRA minimum is paid to the Actor. If a Television commercial is made<br />
from still photographs of persons in the cast, each Actor contained within the photograph,<br />
whether recognizable or not, shall receive not less than the applicable SAG or AFTRA minimum.<br />
When a Stage Manager or Dance Captain is required to do any work other than performance in<br />
connection with a Television or Radio Commercial, the Producer shall pay not less than the<br />
applicable Screen <strong>Actors</strong>' Guild or American Federation of Television and Radio Artists' minimum<br />
for a Principal (on camera) to said Stage Manager or Dance Captain.<br />
(1) There must be at least 24-hour notice to the <strong>Actors</strong> prior to any taping or filming for a<br />
commercial. In the event notice is not given, every Actor under contract shall be paid<br />
double the applicable AFTRA/SAG rate.<br />
(2) When a commercial is taped or filmed in the theatre, every Actor called to the theatre<br />
shall be paid the applicable AFTRA/SAG rate.<br />
(3) Under no circumstances may news reel footage be used to reproduce a commercial<br />
without Equity's prior written consent.<br />
(D) Television Newscast, Three-Minute Excerpt t. A film or video tape may be taken of the<br />
production only for the exclusive use on a Television newscast review of the production or a<br />
featured story on the production contained within the Television news program only under the<br />
following conditions:<br />
(1) During a Rehearsal.<br />
(a) Filming or taping and interview session shall not exceed one-half hour of the<br />
rehearsal.<br />
(b) The Stage Manager shall file a report with Equity within one week of such session<br />
giving the time utilized for the filming or taping and interview session. Said report shall be<br />
initialed by the deputy.<br />
(c) Upon contemplation of filming or taping during a rehearsal, the Producer shall make<br />
every reasonable effort to: (i) Give the cast 24-hours notice; (ii) Schedule only three<br />
filming or taping sessions during which all stations must do their filming or taping.<br />
(d) If the time of the filming or taping is changed, the Producer shall notify the cast of<br />
such change and of the re-scheduled time.<br />
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(2) At a Performance.<br />
(a) Filming and taping may be for only one-half hour of footage.<br />
(b) If possible, the cast must be given 24-hours' notice.<br />
(c) When cameras are going to film or tape, cast must be given notice at the half-hour<br />
call.<br />
(d) There shall be no filming or taping where there is any interference with the <strong>Actors</strong><br />
such as the requirement for additional lighting or the movement of equipment.<br />
(3) Not more than three minutes of any film or taped portion of the performance or<br />
rehearsal shall be shown on the Television news broadcast. Such three-minute film or tape<br />
must not contain an entire self-contained number or scene.<br />
(4) No payment shall be required hereunder provided no payments are made to any other<br />
personnel employed in the production.<br />
(5) A Stage Manager shall be present at every filming or taping under this paragraph (C).<br />
(6) For any violation of this paragraph (D), other than violations of unauthorized subsequent<br />
uses of the film or tape, the Producer shall pay one week's contractual salary to each Actor<br />
whose rights have been breached hereunder. Such payments shall not preclude any right<br />
in law or equity, civil, or criminal, that arises under a breach of this paragraph (D) which the<br />
Actor has against the Producer or any third party.<br />
(E) Notice to Broadcast Media. The Producer agrees to ensure that all broadcast media through<br />
which the Producer intends to promote the show shall receive a letter outlining the provisions of<br />
the contract which govern the use and/or reuse of any tape or recording of productions under this<br />
Agreement.<br />
(F) Subsequent Use of Three-Minute Excerpt.<br />
(1) Subject to permission from Equity, footage which has been produced in compliance with<br />
paragraph (D) above, may be reused on certain Network and Major market programs<br />
identified by Equity in addition to "hard news" programs to illustrate reviews and feature<br />
stories about current productions, theatres, and personalities associated with same,<br />
provided that such reuse shall be in accordance with the appropriate AFTRA or SAG Code.<br />
The Producer shall ensure that <strong>Actors</strong> who appear in such segments shall be compensated<br />
at not less than the AFTRA or SAG Minimum then in effect and that such reuse is<br />
controlled by Agreement between the Television Producer and AFTRA or SAG. If no local<br />
minimum has been established, the local rate then in effect in New York or the appropriate<br />
Regional Equity City (Los Angeles, San Francisco, or Chicago) shall apply.<br />
(2) For any failure of the Producer to secure the assent of Equity to subsequent use of<br />
News film or tape, failure to secure properly executed AFTRA agreements, or failure to<br />
insure proper and timely compensation of performers under terms of this paragraph,<br />
Producer shall be required, in addition to any other payments which may become due, to<br />
pay one week's contractual salary to each Actor whose rights shall have been breached<br />
hereunder. Such payment(s) shall not preclude any right in law or equity, civil or criminal,<br />
that arises under breach of this paragraph (E) which the Actor has against the Producer or<br />
any third party.<br />
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(3) It is not intended that Award Programs which are especially produced and devoted<br />
primarily to entertainment industry awards and in which <strong>Actors</strong> have customarily appeared<br />
in scenes or numbers taped, filmed, or performed live for the awards presentation be<br />
considered under terms of this paragraph even if the awards program were to be produced<br />
by a television news department.<br />
63. TERM OF EMPLOYMENT<br />
The Producer guarantees the Actor two consecutive weeks of employment in addition to any<br />
rehearsal time. In the case of an Actor who is contracted to replace a cast member who has given<br />
notice for More Remunerative Employment, illness, vacation or termination and the termination<br />
becomes effective one week before the production closes, then the replacement Actor shall be<br />
guaranteed at least one week's employment with a minimum of two week's health contribution, when<br />
applicable.<br />
64. TERMINATION (SEE RULE 38, MORE REMUNERATIVE EMPLOYMENT)<br />
(A) It is the essence of all employment contracts that all notices thereunder, company and<br />
individual, must be in writing. Copies of all notices must be filed with or mailed to Equity forthwith<br />
by the party (Actor or Producer) giving notice. Full power is reserved to Equity to grant relief from<br />
this Rule where, in its opinion, the person or persons to whom notice is given has not or have not<br />
been misled or injured.<br />
(B) Standard Minimum Contracts.<br />
(1) Before or During Rehearsal l.<br />
(a) The Actor may terminate without penalty at any time prior to two weeks before the<br />
designated date of rehearsal on the Actor's contract.<br />
(b) If the Actor gives notice of termination within two weeks prior to the designated<br />
rehearsal date, the Actor must pay the Producer a sum equal to two weeks' contractual<br />
salary.<br />
(c) The <strong>Cabaret</strong> contract may be terminated by the Producer before the first public<br />
performance by giving written notice to the Actor and paying the Actor forthwith a sum<br />
equal to two weeks' contractual salary plus any rehearsal salary due.<br />
(d) The Actor may terminate the contract after rehearsals begin and before the first public<br />
performance only by giving written notice and paying to the Producer forthwith a sum<br />
equal to two weeks' contractual salary.<br />
(e) No Actor shall give notice, to be effective either during the final seven days of the<br />
regular permissible rehearsal period including the first public performance or during any<br />
of the seven days prior to and including the official opening night.<br />
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(2) Individual Termination after First Paid Public Performance .<br />
(a) Either party may terminate the contract at any time on or after the date of the first<br />
public performance of the play by giving the other party two weeks' written notice except<br />
as modified in (1)(e) above and (D) below.<br />
(b) Effect of company notice. Where a company is closed in accordance with or after<br />
notice of closing to the entire company, such notice of closing shall supersede any<br />
individual notice then outstanding.<br />
(3) Company closing notice.<br />
(a) The Producer may close the company upon one week's written notice, or upon<br />
payment of one week's contractual salary in lieu thereof, provided the Producer has paid<br />
the Actor for all services rendered to date and in no event less than two weeks'<br />
contractual salary, plus rehearsal pay. One week's notice shall mean a maximum of eight<br />
performances on no more than seven days commencing with the first performance<br />
following the posting of the notice.<br />
(b) The Producer shall post this closing notice before the curtain-up of the last<br />
performance of the week preceding the closing week. Failing that, the Producer shall be<br />
subject to the payment for failing to give one week's notice.<br />
(c) Should the Producer wish to continue the production rather than close on the date<br />
specified in the notice, prior to that date the Producer shall post a rescinding notice which<br />
states that the notice is rescinded and that the <strong>Actors</strong>' contract continue to remain in<br />
effect. This statement shall be signed by the Producer and by each of the <strong>Actors</strong> who<br />
wish to continue in the production with a signed copy to Equity.<br />
(4) Payment when Actor is not allowed to work out notice. If the Actor is not allowed or<br />
required to work out any notice properly given under the Actor's contract, the Actor shall be<br />
paid immediately upon the giving of notice and the Actor may forthwith accept other<br />
employment.<br />
(5) Rights after giving notice when Actor secures new engagement. Should either party<br />
given the other any notice permitted under the contract, which notice terminates the same<br />
at any future date, and should the Actor have or secure a new engagement, the Actor shall<br />
be permitted to attend any necessary rehearsals under the new engagement as do not<br />
conflict with the Actor's performance under the Actor's then existing contract.<br />
(C) Term (formerly Run-of-the Play) Contract/Rider.<br />
(1) Notice of Closing. The Producer shall give to all <strong>Actors</strong> signed to Term Contracts one<br />
week's individual notice in writing of the closing of the production and Company or pay one<br />
week's salary lieu thereof.<br />
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(2) Termination. Term Contracts may only be terminated in accordance with Rule 49(N),<br />
REHEARSALS, or Rule 51, REPLACEMENT OF ACTOR. At least two weeks before the<br />
expiration, the Producer shall notify the Actor of Producer's intention to renew the rider<br />
under the same or better terms, or to offer the Actor a Standard Minimum Contract under<br />
terms and conditions to be negotiated. Should the Actor and Producer fail to agree upon a<br />
renewal or on such terms and conditions, then employment will terminate on the Term<br />
expiration date.<br />
(D) Just Cause.<br />
No Actor engaged under a Standard Minimum Contract may be terminated except for just cause.<br />
This provision shall be applicable commencing two weeks after an individual Actor's first paid<br />
public performance. This provision shall be applicable to Understudies and Swings commencing<br />
either two weeks after an individual's first paid public performance or five weeks after the date of<br />
first employment, whichever is later.<br />
(1) Where it is alleged that the Actor is not performing as required, notice of termination<br />
may be served only if the following procedures have been observed:<br />
(a) The Actor must have received prior written warning alleging failure to perform as<br />
required, which warning must also be served upon Equity.<br />
(b) Such warning may also be in the form of "notes" which are reduced to writing.<br />
(c) The written warning (which may be or include "notes") shall be over the signature of<br />
the Producer, Director, Choreographer, Musical Director, or other person with authority to<br />
terminate employment.<br />
(2) The notice of termination may not be served unless the Producer, Director,<br />
Choreographer, Musical Director, or other person with the authority to terminate<br />
employment has seen the Actor in performance within one week prior to the notice of<br />
termination.<br />
(3) In the case of an Understudy, notices may be based upon the Actor's work in<br />
understudy rehearsal rather than in actual performance.<br />
(4) Following the service of the notice of termination, Equity may investigate the basis of<br />
any discharge. If Equity decides to challenge any discharge, then the matter shall be<br />
submitted to arbitration in a manner provided in Rule 5, ARBITRATION.<br />
(5) Should an arbitrator determine that the termination was without just cause, the arbitrator<br />
shall provide a remedy in accordance with the following: Damages calculated at one week's<br />
contractual salary for each five weeks' employment under the <strong>Cabaret</strong> Contract up to a<br />
maximum payment of 15 weeks' contractual salary (based on salary at the time of<br />
termination). In no event shall damages be less than two weeks' contractual salary.<br />
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65. TRANSPORTATION AND BAGGAGE<br />
(A) Transportation of Actor by Producer.<br />
(1) Except as specifically changed or modified herein the Producer shall, at the Producer's<br />
expense, transport the Actor and Actor's baggage, when required to travel, from the Actor's<br />
place of residence as stated in the contract to the theatre and return or between theatres.<br />
The Producer shall provide such methods of travel to the theatre as are the most direct<br />
within the public means available.<br />
(2) The Actor and the Producer may agree in writing as to the routes and modes of<br />
transportation. In no event, however, shall such agreement provide for a payment to the<br />
Actor of a sum less than the cost of applicable public transportation from the place of<br />
residence to the theatre and return. If travel is by air, a coach ticket on a Government<br />
certified airline is required for transportation from the city which is the point of origin to the<br />
first city traveled to, and also from the last city in which the Actor performs back to the point<br />
of origin. The Actor shall not be compelled to travel by air without Actor's consent, and in<br />
each and every case, it shall be entirely in the determination of the Actor to decide whether<br />
or not Actor wishes to travel by air.<br />
(3) The Producer shall furnish the Actor with the necessary tickets, or their cash equivalent,<br />
from the place of residence as stated in the contract, to each theatre at least three days in<br />
advance of Actor's departure. The Producer shall deliver the Actor's return transportation in<br />
cash or tickets, at the Actor's option, at least three days before the close of the Actor's<br />
engagement.<br />
(B) Air Travel. Air travel shall be the preferred method of travel. Air travel, if consented to by the<br />
Actor, must be on a first class Government certified scheduled airline, and not on a nonscheduled<br />
or private airline.<br />
(1) Air excursion or group travel tickets may be substituted for full fare coach provided such<br />
flights take place during the hours between 8:00 AM and 8:00 PM and are less than six<br />
hours duration and meals are provided on the plane at the Producer's expense. Once an<br />
Actor has accepted an excursion or group air ticket, Actor shall be responsible for any<br />
additional expense which may result from Actor changing Actor's travel schedule and not<br />
using the flights that the Producer has arranged. If the Actor consents to travel by air, the<br />
Producer shall provide, or reimburse the Actor for the premium cost of, air travel insurance<br />
up to the amount of $90,000 for each flight. Whenever a tour of at least five flights is<br />
contemplated, the Producer shall provide the Actor, before the initial flight, with a<br />
recognized insurance policy for not less than $125,000. The Producer will reimburse the<br />
Actor for said premiums providing a receipt is submitted.<br />
(2) If delay en route in air travel occurs, all expenses usually paid for or furnished the<br />
traveler under coach air travel and not paid the Actor by the airlines, shall be reimbursed to<br />
the Actor by the Producer.<br />
(3) The Producer may designate that the Actor's baggage be transported either by air<br />
freight or excess baggage. If the Producer designates air freight, the Actor shall be given at<br />
least 24 hours notice thereof so to arrange for such transportation. The cost of baggage<br />
transportation, not to exceed 300 pounds, will be borne by the Producer.<br />
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(C) Automobile, Train, and Bus Transportation. <strong>Actors</strong> choosing to travel by automobile, train, or<br />
bus must make their own travel arrangements and will receive a sum equivalent to the cost of the<br />
applicable public transportation utilized to transport the rest of the company, and normal baggage<br />
transportation expenses. If train or bus transportation is required by the Producer because a flight<br />
is not available, Producer shall notify Equity of the proposed method of travel. The following<br />
restrictions shall apply:<br />
(1) Train Transportation.<br />
(a) Day coach transportation is limited to eight hours daily between the hours of 8:00 AM<br />
and 8:00 PM. For every half hour or part thereof in excess of eight hours of scheduled<br />
travel, $4.50 shall be paid the Actor. Travel time shall commence and be computed from<br />
the time the Actor is called to report. This call may not be more than one-half hour prior to<br />
scheduled departure. If an Actor is responsible for delay at any time, such delay shall not<br />
be counted as part of travel time.<br />
(b) Night transportation shall be limited to 12 hours and shall include individual Pullman<br />
sleeping accommodations, which shall be no less than a roomette, if same is available.<br />
Should the Producer present proof, satisfactory to Equity, that Pullman sleeping<br />
accommodations could not be obtained, the Producer shall pay the Actor an amount<br />
equal to the cost of a roomette only, without taxes or other excess charges. Failure to so<br />
prove shall obligate the Producer to pay the Actor the difference between the total cost of<br />
first-class Pullman transportation, including roomette, taxes and other excess charges,<br />
and the amount of coach transportation.<br />
(2) Bus Transportation. Bus travel shall be on a chartered commercial bus that is duly<br />
licensed to carry passengers by the appropriate interstate or intrastate commission, and<br />
that is complete with air conditioning and lavatory facilities.<br />
(a) Day Transportation. Bus travel during the day is limited to seven hours daily,<br />
including an hour meal break, between the hours of 8:00 AM and 8:00 PM. For every half<br />
hour or part thereof in excess of seven hours of scheduled travel, $9 shall be paid to the<br />
Actor. Travel time shall commence and be computed from the time the Actor is called to<br />
report until the time the Actor arrives at Actor's lodgings. This call may not be more than<br />
one-half hour prior to the scheduled departure time. If an Actor is responsible for delay at<br />
any time, such delay shall not be counted as a part of travel time. There shall be a meal<br />
stop of not less than one hour during the scheduled time of travel. If bus travel is on a<br />
chartered bus, the time of the meal break shall be agreed upon by the company. This<br />
meal shall be at the Producer's expense, and shall not exceed $6 per meal. The rest<br />
period prior to a bus call shall be ten hours. If a full rest period is not given, the <strong>Actors</strong><br />
shall receive a night transportation payment of $40 each.<br />
(b) Night Transportation. If bus travel which commences after 8:00 PM does not end until<br />
after midnight, the <strong>Actors</strong> shall receive the night transportation payment of $40 each.<br />
Travel between 8:00 PM and midnight is allowable if the trip is completed within that time<br />
and all rest periods are observed. If night bus travel after an evening performance is<br />
required, the <strong>Actors</strong> shall be paid $40 each by the Producer of the <strong>Cabaret</strong> Theatre to<br />
which they are traveling.<br />
67
(D) Rest Period After Arrival. The Actor shall not be required to rehearse or perform until two<br />
hours after Actor's arrival at Actor's lodgings.<br />
(E) Baggage.<br />
(1) The Actor shall be responsible for transporting Actor's personal hand baggage to and<br />
from place of residence, and the Producer shall reimburse the Actor in full for all<br />
reasonable expenses incurred as set forth by the Actor on a form which shall be provided<br />
by Equity for this purpose. Actor shall show proof of all such expenses by providing<br />
Producer with appropriate receipts.<br />
(2) The Actor shall also be responsible for transporting Actor's personal hand baggage and<br />
trunk (as above) under the Producer's direction from the place of residence to the station,<br />
terminal, or place of the Actor's arrival at or near the town in which the Producer's theatre is<br />
located, and back to the place of residence. The Producer will pay for the entire cost of and<br />
reimburse the Actor for such transportation of baggage up to 300 pounds.<br />
Upon arrival, the Producer shall be responsible and pay for transportation of the Actor's<br />
baggage up to 300 pounds from the station, terminal, or place of the Actor's arrival to the<br />
theatre and/or the Actor's lodging place, and back to the station, terminal or place from which<br />
the Actor departs after the close of the engagement.<br />
(3) All arrival expenses covered under (1) and (2) above are due and payable with the first<br />
performance salary payment checks. If the Actor returns to the same city from which Actor<br />
departed, all departure expenses due shall be paid to Actor with Actor's final week's salary.<br />
If the Actor goes to a different city, Actor shall be reimbursed for these expenses upon<br />
presentation of Actor's receipts to the Producer.<br />
(F) Local Transportation. If the Actor's permanent residence is within 50 miles, or sixty miles in<br />
the case of New York City and Chicago, and 75 miles in the case of Los Angeles, of the theatre<br />
and there is no safe and easily accessible public transportation from Actor's home to the theatre,<br />
the Producer, at Producer's expense shall provide round-trip transportation between the Actor's<br />
home and the theatre. This transportation shall deliver the Actor to the theatre for all rehearsals<br />
and half-hour calls and shall return the Actor to Actor's home after the rehearsal or performance,<br />
departing no later than one-half hour after rehearsal is finished or after the curtain call of a<br />
performance, but allowing reasonable time for the removal of costumes and make-up. Public<br />
transportation shall not mean taxis. Equity shall have the sole right to determine if such<br />
transportation is "safe" and "easily accessible" and what a "convenient location" is. If the Actor<br />
uses public transportation, the cost of such transportation shall not exceed 10% of Actor's<br />
contractual salary. If there is no public transportation and the Producer does not supply<br />
transportation and the Actor drives Actor's own car, the Producer shall reimburse the Actor for<br />
mileage at the current IRS rate getting to and from the theatre.<br />
68
66. UNDERSTUDIES<br />
(A) Understudies shall be required In venues with more than 300 seats and a schedule of five or<br />
more performances per week. Understudies shall be contracted no later than two weeks after the<br />
first public performance. Understudy roles assigned to Principal or Chorus <strong>Actors</strong> must be so<br />
assigned on the original contract or with new contracts or riders with appropriate salary<br />
adjustments.<br />
(B) An Understudy may understudy no more than five Principal roles and receive not less than the<br />
Actor minimum salary (See Rule 55, SALARIES).<br />
(C) If any member of the cast who regularly appears on stage understudies a Principal part or a<br />
role, said Understudy shall receive no less than $20.00 per week in addition to Actor's contractual<br />
salary for each part or role understudied. In addition, not less than one-eighth (or the appropriate<br />
pro-rata for the number of performances scheduled per week) of the Actor's own contractual<br />
salary shall be made to the Understudy for any performance in which the Actor appears in the<br />
capacity of an Understudy to a Principal. In no event shall an Actor or Assistant Stage<br />
Manager/Understudy in the production understudy more than three Principal roles.<br />
The reassignment of understudy parts shall not be applicable to a case in which the Actor and<br />
Producer have agreed to a specific understudy part(s) in the original contract of employment. In<br />
no event shall the Actor be required to understudy unless the Actor's contract specifically so<br />
provides. All understudies are required to attend a four-hour understudy rehearsal every four<br />
weeks, as called by the Stage Manager and in accordance with Rule 49(H)(2).<br />
(D) Understudy of Chorus Playing a Part. If a Chorus Actor understudies a Chorus part or<br />
specialty, said Actor shall be paid no less than $15.00 per week in addition to Actor's contractual<br />
salary for each part or specialty so understudied.<br />
(E) Understudies shall be present at each performance unless the Producer otherwise consents.<br />
When an Assistant Stage Manager/Understudy is required, said ASM/U/S shall be required to be<br />
at each performance. Understudies not required to be present at the theatre at the time of<br />
performance shall be permitted to rehearse not more than 15 hours in a week for the purpose of<br />
rehearsing an Actor who is going into the show as a replacement. In the event the Understudy is<br />
called upon to perform, the Producer may not require the aforesaid 15 hours rehearsal.<br />
(F) No Understudy shall be required to perform until one week after the Actor is engaged as<br />
Understudy or assigned as Understudy, has the Actor's script and/or music for one week and has<br />
at least one rehearsal. The Understudy shall read the part or may perform if able and willing. The<br />
Producer shall use the Producer's best efforts to provide Understudies with script and/or sides<br />
and music as soon as possible.<br />
(G) All Understudies to Principal <strong>Actors</strong> shall be listed in the program by name and role<br />
understudied. The listing shall be automatic unless the Understudy requests in writing, on a form<br />
supplied by Equity for that purpose, that it not be. Copies of such requests shall be sent to the<br />
Producer and Equity.<br />
(H) Understudies shall be in only one company at a time.<br />
69
(I) If in an emergency the Actor goes on as an Understudy in a part not specified in Actor's<br />
contract, Actor shall be compensated for such performance at not less than double pro-rata per<br />
performance in addition to the Actor's contractual salary.<br />
(J) Part played by Chorus. The applicable payment set forth in Rule 13(A), CHORUS, for up to<br />
eight performances in any workweek. The Actor shall thereafter be contracted and compensated<br />
for such understudy duty at no less than the usual minimum rate, subject to two week termination<br />
of the Understudy assignment only without regard to requirements of Rule 69, VACATIONS.<br />
67. UNION EMBLEM<br />
The Producer agrees to insert the following line in the program: “The <strong>Actors</strong> and Stage Managers<br />
employed in this production are members of <strong>Actors</strong>’ Equity Association, the Union of Professional<br />
<strong>Actors</strong> and Stage Managers in the United States.” Also, the Producer agrees whenever and<br />
wherever possible to prominently display the Equity Emblem in the lobby of the theatre. Emblem will<br />
be supplied by Equity.<br />
68. UNION SECURITY<br />
(A) All <strong>Actors</strong> who are members of Equity shall, as a condition of employment, continue to be<br />
members of the Union in good standing for the life of this Agreement. All employees covered by<br />
this Agreement who are not now members of Equity shall, as a condition of employment, become<br />
members within 31 days following the signing of this Agreement and shall thereafter remain<br />
members of the Union in good standing as a condition of continued employment. All new<br />
employees shall, as a condition of employment, become members of the Union within 31 days<br />
from the date of the commencement of their employment and shall thereafter continue to be<br />
members of the Union in good standing as a condition of continued employment. As defined and<br />
applied in this Agreement, the phrase "member of the Union in good standing" means a person<br />
who pays initiation fees and dues (or the monetary equivalents thereof) to the Union as financial<br />
obligations in accordance with the requirements of the National Labor Relations Act.<br />
(B) Equity shall provide the Producer two weeks written notice to discharge any Actor for nonpayment<br />
of union dues or initiation fee (or the monetary equivalents thereof). Upon the Actor's<br />
failure to make such payment within the aforesaid period, the Producer agrees immediately to<br />
discharge the Actor, provided however, that Equity shall withhold its demand for discharge if the<br />
Producer undertakes, with the consent of the Actor, to withhold from the Actor's salary a sum<br />
sufficient to correct the Actor's delinquency.<br />
69. VACATIONS:<br />
(A) Productions with Four or More Performances Per Week<br />
(1) The Actor shall accrue one day of vacation pay for each four consecutive weeks of<br />
employment for the same Producer. However, the Actor shall not be eligible for vacation or<br />
vacation pay unless Actor has been employed at least 12 consecutive weeks from the first<br />
day of rehearsal. The Producer may direct the time the Actor is to take Actor's vacation<br />
provided that Producer gives the Actor two weeks advance notice and that the Actor is<br />
entitled to take all of Actor's accrued vacation days. If the Actor requests to take Actor's<br />
vacation at Actor's convenience and the Producer agrees, vacation may be taken in days.<br />
70
When the Actor's contract terminates, Actor shall receive all accrued vacation pay which<br />
has not been previously paid.<br />
(2) Vacation pay shall accrue at the rate of one-sixth or one performance pro-rata,<br />
whichever is greater, of weekly contractual salary.<br />
(3) After 26 consecutive weeks the Actor, at Actor's option, may request and will receive<br />
actual time off. The vacation will be scheduled by the Producer at a time mutually<br />
agreeable.<br />
(B) Productions with Three or Fewer Performances Per Week:<br />
(1) The Actor shall accrue one day of vacation pay for each ten consecutive weeks of<br />
employment for the same Producer. However, the Actor shall not be eligible for vacation or<br />
vacation pay unless Actor has been employed at least 32 consecutive weeks from the first<br />
day of rehearsal. The Producer may direct the time the Actor is to take Actor's vacation<br />
provided that Producer gives the Actor two weeks advance notice and that the Actor is<br />
entitled to take all of Actor's accrued vacation days. If the Actor requests to take Actor's<br />
vacation at Actor's convenience and the Producer agrees, vacation may be taken in days.<br />
When the Actor's contract terminates, Actor shall receive all accrued vacation pay which<br />
has not been previously paid.<br />
(2) Vacation pay shall accrue at the rate of one performance pro-rata.<br />
(3) After 46 consecutive weeks the Actor, at Actor's option, may request and will receive<br />
actual time off. The vacation will be scheduled by the Producer at a time mutually<br />
agreeable.<br />
(C) Vacation Eligibility.<br />
(1) Absences of no longer than one month due to illness or other valid reason, except as<br />
provided below, shall be considered employment for the purposes of this Rule.<br />
(2) Absences of a longer duration for illness, or other valid reason, summer layoffs, and<br />
layoffs for other purposes as specified in these Rules, shall not be considered employment<br />
for vacation purposes. However, the Actor, upon resumption of the Actor's services, shall<br />
receive credit for all time accumulated prior to said absence or layoff.<br />
(3) An Actor who, during the period of employment referred to herein, receives a leave of<br />
absence of a longer duration than one month for the purpose of taking other employment<br />
shall lose all accumulated time for vacation purposes.<br />
70. DURATION<br />
This Agreement shall commence on October 15, 20<strong>07</strong> and shall expire on October 16, 20<strong>11</strong>. Any<br />
new Rules when adopted shall be retroactive to said dates unless otherwise stated.<br />
71
A<br />
Actor, Definition 21(C) ..............................................................................................................................................................................21<br />
Actor's Obligation ....................................................................................................................................................................................1<br />
AFL-CIO 1(B)(2) .........................................................................................................................................................................................1<br />
Agents .......................................................................................................................................................................................................2<br />
Chorus Commission 2(C) ......................................................................................................................................................................2<br />
Equity Franchise 2(A) ............................................................................................................................................................................2<br />
Aliens.........................................................................................................................................................................................................2<br />
Announcements .......................................................................................................................................................................................2<br />
Arbitration .................................................................................................................................................................................................2<br />
Expenses 5(C).......................................................................................................................................................................................3<br />
Time Limit 5(B) ......................................................................................................................................................................................3<br />
As Cast Hiring 17(H) ................................................................................................................................................................................18<br />
Auditions and Interviews.........................................................................................................................................................................3<br />
Casting Notice .......................................................................................................................................................................................5<br />
Chorus Calls 6(C) ..................................................................................................................................................................................6<br />
Equity Callbacks .................................................................................................................. See Subsequent Equity Principal Auditions<br />
Equity Principal Audition/Interviews 6(B) ...............................................................................................................................................3<br />
Equity, Additional Provisions 6(D) .........................................................................................................................................................7<br />
Liability Insurance 6(E)(4)......................................................................................................................................................................9<br />
Safe and Sanitary Code 6(E).................................................................................................................................................................8<br />
Subsequent Equity Principal Auditions 6(B)(<strong>11</strong>) ....................................................................................................................................6<br />
B<br />
Baggage 65(E) .........................................................................................................................................................................................68<br />
Bereavement Leave 31(G) .......................................................................................................................................................................30<br />
Billing and Programs ...............................................................................................................................................................................9<br />
Breach of Billing Procedures 7(D) .......................................................................................................................................................10<br />
Changes in Cast 7(B) ............................................................................................................................................................................9<br />
House Board 7(A)..................................................................................................................................................................................9<br />
Program and Souvenir Program 7(E). .................................................................................................................................................10<br />
Binding Effect of Agreement .................................................................................................................................................................<strong>11</strong><br />
Blacklisting .............................................................................................................................................................................................<strong>11</strong><br />
Bond 57(B) ...............................................................................................................................................................................................53<br />
Breaches by Producers .........................................................................................................................................................................<strong>11</strong><br />
C<br />
<strong>Cabaret</strong>, Definition 21(B) ..........................................................................................................................................................................21<br />
Callboard.................................................................................................................................................................................................12<br />
Changes in Cast<br />
Announcements ................................................................................................................................................................................12<br />
Chorus<br />
Additional Compensation Provisions..............................................................................................................................................13<br />
Parts 13(A) ..........................................................................................................................................................................................13<br />
Swing 13(D).........................................................................................................................................................................................13<br />
Understudy for Principal 13(B).............................................................................................................................................................13<br />
Understudy to Chorus Part 13(C) ........................................................................................................................................................13<br />
Chorus Calls...................................................................................................................................................See Auditions and Interviews<br />
Chorus, Definition 21(E) ...........................................................................................................................................................................21<br />
Claims......................................................................................................................................................................................................14<br />
Clothes and Make-Up.............................................................................................................................................................................14<br />
Change of Hair Color/Style 15(J),15(K) ...............................................................................................................................................16<br />
Costume Fittings 15(N)........................................................................................................................................................................16<br />
Rentals 15(B).......................................................................................................................................................................................14<br />
72
Shoes 15(D) ........................................................................................................................................................................................15<br />
Commercials 62(C) ..................................................................................................................................................................................61<br />
Commissions............................................................................................................................................................................. See Agents<br />
Company Closing Notice 64(B)(3)............................................................................................................................................................64<br />
Continuous Employment .......................................................................................................................................................................16<br />
Contract...................................................................................................................................................................................................17<br />
Hiring "As Cast 17(H) ..........................................................................................................................................................................18<br />
Limited Term 17(D)..............................................................................................................................................................................17<br />
Outside Fields 17(E)............................................................................................................................................................................17<br />
Term 55(F),55(G) ................................................................................................................................................................................50<br />
Contractual Salary, Definition 21(A) .........................................................................................................................................................21<br />
Conversion Rights .................................................................................................................................................................................18<br />
Conversion from Code 18(B) ...............................................................................................................................................................19<br />
Subsequent Equity Contract 18(A) ......................................................................................................................................................18<br />
Costumes ........................................................................................................................................................ See Clothes and Make-Up<br />
D<br />
Dance Captain ........................................................................................................................................................................................20<br />
Defaulting Employer...............................................................................................................................................................................20<br />
Definitions...............................................................................................................................................................................................21<br />
Deputies ..................................................................................................................................................................................................22<br />
Deputies, No Discrimination..................................................................................................................................................................21<br />
Disability Leave 31(E) ..............................................................................................................................................................................28<br />
Dues and Initiation Fees ........................................................................................................................................................................22<br />
Duration of Agreement .............................................................................................................................................................................71<br />
Duties of the Actor .................................................................................................................................................................................22<br />
E<br />
EPA, Defined..............................................................................................................................................................................................3<br />
Equal Employment Opportunity 26(A) ......................................................................................................................................................23<br />
Equal Employment Opportunity/Non-Traditioanl Casting/Non-Discrimination<br />
Nondiscrimination 26(B) ......................................................................................................................................................................23<br />
Equal Employment Opportunity/Non-Traditional Casting/Non-Discrimination ..........................................................................................23<br />
Equal Employment Opportunity 26(A) .................................................................................................................................................23<br />
Non-traditional Casting 26(C) ..............................................................................................................................................................23<br />
Equity<br />
Special Provisions.............................................................................................................................................................................24<br />
Equity Auditions 6(B)..................................................................................................................................................................................3<br />
Equity Meetings 27(B) ..............................................................................................................................................................................24<br />
Equity Members, No Discrimination .....................................................................................................................................................21<br />
Equity Regional Office City.........................................................................................................................................................................4<br />
Equity Representatives..........................................................................................................................................................................22<br />
Exclusive Service of the Actor ..............................................................................................................................................................25<br />
Expense Money 55(N)..............................................................................................................................................................................53<br />
Extraordinary Risks 32(C)- 32(D) .............................................................................................................................................................30<br />
F<br />
Final Curtain, Definition 21(G) ..................................................................................................................................................................21<br />
Firearms 60(B) .........................................................................................................................................................................................55<br />
Four A's1(B) ...............................................................................................................................................................................................1<br />
Franchised Agents .................................................................................................................................................................... See Agents<br />
H<br />
Health Benefits .......................................................................................................................................................................................25<br />
House Board 7(A).......................................................................................................................................................................................9<br />
Housing...................................................................................................................................................................................................26<br />
Local Transportation 30(G)-30(K)........................................................................................................................................................27<br />
73
I<br />
Telephone 29(D)..................................................................................................................................................................................27<br />
Illness and Sick Leave ...........................................................................................................................................................................28<br />
Initiation Fees .........................................................................................................................................................................................70<br />
Injury & Supplemental Worker’s Compensation .................................................................................................................................30<br />
Insurance<br />
Extraordinary Risks 32(C),32(D)..........................................................................................................................................................30<br />
Supplemental Worker's Compensation................................................................................................................................................30<br />
Unemployment...................................................................................................................................................................................54<br />
Worker's Compensation 32(A).............................................................................................................................................................30<br />
Intimidation .............................................................................................................................................................................................30<br />
J<br />
Juvenile <strong>Actors</strong>.......................................................................................................................................................................................31<br />
L<br />
Laws Governing .....................................................................................................................................................................................32<br />
Lay-Off<br />
Christmas and Holy Weeks...............................................................................................................................................................31<br />
Local Transportation 65(F) .......................................................................................................................................................................68<br />
Lockouts .................................................................................................................................................................................................33<br />
M<br />
Military Service of the Actor ..................................................................................................................................................................32<br />
More Remunerative Employment..........................................................................................................................................................32<br />
Motion Picture Filming...........................................................................................................................................................................61<br />
Motion Picture Rights ............................................................................................................................................................................33<br />
N<br />
No Lockouts or Strikes ..........................................................................................................................................................................33<br />
Nondiscrimination 26(B) ...........................................................................................................................................................................23<br />
Nudity ......................................................................................................................................................................................................33<br />
Interviews/Auditions 41(A) ...................................................................................................................................................................33<br />
Rehearsal/Performances 41(B) ...........................................................................................................................................................34<br />
Number in Cast.......................................................................................................................................................................................34<br />
P<br />
Pension ...................................................................................................................................................................................................35<br />
Performances .........................................................................................................................................................................................35<br />
Extra performances 44(C) ...................................................................................................................................................................35<br />
Intermission Length 44(A)(6) ...............................................................................................................................................................35<br />
Number of 44(A) ..................................................................................................................................................................................35<br />
Overtime 44(B) ....................................................................................................................................................................................35<br />
Performers with Disabilities 6(D)(2)...................................................................................................................................................... 8, 24<br />
Photographs and Publicity....................................................................................................................................................................36<br />
Principal Actor, Definition 21(D) ...............................................................................................................................................................21<br />
Principal Audition........................................................................................................................................................................... See EPA<br />
Production Prosecuted..........................................................................................................................................................................37<br />
Programs..........................................................................................................................................................See Billing and Programs<br />
Property<br />
Reimbursement to Actor...................................................................................................................................................................38<br />
74
R<br />
Recording................................................................................................................................................................................................61<br />
Recordings Used in Production............................................................................................................................................................38<br />
Rehearsal<br />
Pianist 49(I) .........................................................................................................................................................................................41<br />
Rehearsals ..............................................................................................................................................................................................39<br />
After First Paid Public Performance 49(H)...........................................................................................................................................40<br />
Before First Paid Public Performance 49(G)........................................................................................................................................40<br />
Breaks 49(G)(1)...................................................................................................................................................................................40<br />
Costume Call 49(L)..............................................................................................................................................................................41<br />
Days Off 49(E).....................................................................................................................................................................................40<br />
Discontinued or Play Abandoned 49(N)...............................................................................................................................................41<br />
Hours 49(G)(2) ....................................................................................................................................................................................40<br />
On-Stage Technical Rehearsal 49(G)(3) .............................................................................................................................................40<br />
Overtime 49(J).....................................................................................................................................................................................41<br />
Rehearsal for Replacements 49(O) .....................................................................................................................................................41<br />
Rehearsal Salary 49(C) .......................................................................................................................................................................40<br />
Reopening of a Production....................................................................................................................................................................42<br />
Replacement of Actor ............................................................................................................................................................................42<br />
Reports.....................................................................................................................................................................................................43<br />
W-2 Forms 52(A) .................................................................................................................................................................................43<br />
Rest Periods ...........................................................................................................................................................................................43<br />
Rest Period After Travel 65(D) ............................................................................................................................................................68<br />
Twi-Night Performances 53(B) ............................................................................................................................................................43<br />
S<br />
Safe and Sanitary ...................................................................................................................................................................................44<br />
Aisles 54(B)(12)...................................................................................................................................................................................48<br />
Cots 54(B)(13) .....................................................................................................................................................................................48<br />
Dance Surfaces 54(B)(3) .....................................................................................................................................................................44<br />
Dressing Rooms 54(B)(6) ....................................................................................................................................................................45<br />
Drinking Water 54(B)(16).....................................................................................................................................................................48<br />
Fire Safety Procedures 54(B)(19)........................................................................................................................................................48<br />
First Aid Kits 54(B)(14) ........................................................................................................................................................................48<br />
Guide Lights 54(B)(<strong>11</strong>) ........................................................................................................................................................................48<br />
Inspection and Compliance 54(B)(22) .................................................................................................................................................49<br />
Intercom System 54(B)(15)..................................................................................................................................................................48<br />
Lavatory and Toilet Facilities 54(B)(7) .................................................................................................................................................46<br />
Medical Services 54(B)(18) .................................................................................................................................................................48<br />
Performance Spaces 54(B) .................................................................................................................................................................44<br />
Raked Stages Prohibited 54(B)(4).......................................................................................................................................................45<br />
Rehearsal Spaces 54(A)......................................................................................................................................................................44<br />
Smoke and Haze 54(B)(5) ...................................................................................................................................................................45<br />
Salaries....................................................................................................................................................................................................49<br />
Additional Duties 55(L) ........................................................................................................................................................................51<br />
Per Performance Minimum Salaries 55(A)(2) ......................................................................................................................................50<br />
Weekly Minimum Salaries 55(A)(1) .....................................................................................................................................................49<br />
Salary Continuance ..................................................................................................................See Supplemental Workers' Compensation<br />
Secret Vote..............................................................................................................................................................................................53<br />
Security and Security Agreements .......................................................................................................................................................53<br />
Service During the Performance...........................................................................................................................................................53<br />
Set Moves 55(M) ......................................................................................................................................................................................51<br />
Sick Leave......................................................................................................................................................See Illness and Sick Leave<br />
Sick Pay 31(D) .........................................................................................................................................................................................28<br />
Social Security........................................................................................................................................................................................54<br />
Stage Fighting ........................................................................................................................................................................................55<br />
Stage Manager<br />
Prohibited Activities 61(P)(4) ...............................................................................................................................................................59<br />
Stage Manager, Definition 21(F) ..............................................................................................................................................................21<br />
Stage Managers .......................................................................................................................................................................................56<br />
75
Assistant Stage Managers Required 61(D),61(I) .................................................................................................................................56<br />
Duties and Obligations 61(P)...............................................................................................................................................................58<br />
Duties Not Required to Perform 61(P)(2).............................................................................................................................................59<br />
Not Permitted to Act 61(I) ....................................................................................................................................................................57<br />
Overtime 61(Q)(3) ...............................................................................................................................................................................60<br />
Post Production 61(J)(3)......................................................................................................................................................................57<br />
Pre-Production 61(B)...........................................................................................................................................................................56<br />
Working Conditions 61(Q) ...................................................................................................................................................................59<br />
Strikes .....................................................................................................................................................................................................33<br />
Supplemental Worker’s Compensation 32(B)...........................................................................................................................................30<br />
T<br />
Televising................................................................................................................................................................................................61<br />
Television Newscast, Three Minute Excerpt 62(D)..............................................................................................................................61<br />
Term of Employment..............................................................................................................................................................................63<br />
Termination.............................................................................................................................................................................................63<br />
After First Paid Public Performance 64(B)(2).......................................................................................................................................64<br />
Before or During Rehearsal 64(B)(1)...................................................................................................................................................63<br />
Just Cause 64(D).................................................................................................................................................................................65<br />
Transportation ........................................................................................................................................................................................66<br />
Air Travel 65(B) ...................................................................................................................................................................................66<br />
Automobile, Train & Bus Transportation 65(C) ....................................................................................................................................67<br />
Travel<br />
Rest Period After Travel 65(D)l............................................................................................................................................................68<br />
U<br />
Understudies ..............................................................................................................69, See Also Changes in Cast: Announcements<br />
Understudy or Chorus Playing a Part 66(D) ........................................................................................................................................69<br />
Understudy 21(H) .....................................................................................................................................................................................21<br />
Unemployment Insurance......................................................................................................................................................................54<br />
Union Emblem ........................................................................................................................................................................................70<br />
Union Security and Dues.......................................................................................................................................................................70<br />
Unpaid Absence Only for Compelling Circumstances or Emergency 31(F) .............................................................................................29<br />
V<br />
Vacation ...................................................................................................................................................................................................70<br />
Eligibility 69(C).....................................................................................................................................................................................71<br />
Productions with Four or More Performances Per Week 69(A) ...........................................................................................................70<br />
Productions with Three or Fewer Performances Per Week 69(B) .......................................................................................................71<br />
W<br />
W-2 Forms 52(A)......................................................................................................................................................................................43<br />
Worker's Compensation 32(A)..................................................................................................................................................................30<br />
Workers Compensation 59(H) ..................................................................................................................................................................55<br />
Workweek/Workday, Definition 21(I) ........................................................................................................................................................21<br />
76