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Cabaret Rulebook 07-11 - Actors

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(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 />

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